The respondents brought a Rule 21 motion to dismiss the applicant's application to rectify the parcel register and discharge a charge against his property, arguing the application disclosed no cause of action and was statute-barred.
The court held that Rule 21.01(1)(a) does not apply to applications, and the limitations issue involved mixed fact and law.
While Rule 21.01(1)(b) applies to applications via Rule 14.09, the court found the Notice of Application disclosed a valid cause of action for civil fraud against the moving parties.
The motion was dismissed.
