A vendor who voluntarily answers requisitions on title owes a duty of care to the purchaser under the Evatt principles, even where the answer is given through the vendor's solicitor. Section 127 of the Real Property Act does not bar a purchaser's remedies against third parties for their own negligent acts. The English decision in Gran Gelato Ltd v Richcliff (Group) Ltd [1992] Ch 560, holding that a vendor's solicitor owes no duty of care to the purchaser in answering requisitions, was doubted. The court's discretion under DCR Pt 17 r 1 read with r 4(6) extends to allowing amendments that revive statute-barred causes of action where the omission was the result of error.
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