7 Dec 1995
WFM MOTORS PTY LTD v. MALCOLM MAYDWELL
- Citation
- WFM MOTORS PTY LTD v. MALCOLM MAYDWELL
- Court
- Court of Appeal
- Case number
- CACV148/1995
The Court allowed the appellant's appeal because the defendant failed to plead and prove fraud or duress to the high standard required to justify setting aside the registration; there was no demonstrated breach of natural justice sufficient to vitiate the foreign summary judgment and no prima facie case meriting an issue to be tried, therefore the setting aside by the judge below was erroneous and is overturned.