29 Mar 2006
SICILIAN ESTATES LIMITED V DAVELLA JUNE GORE AND WAYNE RICHARD GORE HC INV CIV 2005-425-000508
- Citation
- openlaw-3ba65634_d154_409e_8476_4206a5aee1ea.pdf
- Court
- High Court
The judgment was recalled under r 542(3) to address the omitted counterclaim; the defendants effectively waived the plaintiff's obligation to provide title to Lot 1 by continuing to seek boundary changes after 28 February 2005, which prevented title issuing, and therefore the counterclaim for an inquiry into losses was dismissed.