2 Aug 2006
HELMBRIGHT V POTTS & HODGSON HC ROT CIV 2005-463-299
- Citation
- openlaw-756d9302_5a14_441a_9a21_04753dca11e6.pdf
- Court
- High Court
With negligence conceded, appeal dismissed because plaintiffs proved no loss attributable to the negligence: the error was not discovered until 1998 and plaintiffs declined an available and effective remedy (reciprocal transfers) thereby assuming the risk of any later detriment; claims of customary title were untenable given registered fee simple and purchase; fraud was not pleaded or evidenced and added nothing to the case.