Bank of South Australia Limited v Ferguson

[1998] HCA 12
Judgment date
Case number
A39/1996
Before
Brennan CJ, Gaudron, McHugh, Gummow, Kirby JJ
Catchwords

Real property (SA) – Torrens system – Indefeasibility of title – Exceptions – Statutory fraud – Existence or non-existence of statutory fraud – Consequence of statutory fraud.


Practice – High Court – Cross-appeal dismissed but merits addressed inadequately by intermediate court of appeal – Not inevitable that cross-appeal would fail – Special leave granted – Cross-appeal remitted to intermediate court.


Real Property Act 1886 (SA), s 69.