23 Aug 2004
BOTROS & ANOR V CLIST CA CA124/04
- Citation
- openlaw-64c84d91_32b5_44b2_a806_3c6628b5fe93.pdf
- Court
- Court of Appeal
Leave for a second appeal was declined because no tenable question of law was raised (an unregistered sketch cannot be set up against registered title) and concurrent factual findings in the lower courts established the respondent as a bona fide purchaser without knowledge, so the fraud exception did not apply, meaning the Waller v Hider test for leave was not met.