The Court struck out the plaintiff's pleadings against the eighth and ninth defendant purchasers for failing to plead any material facts supporting allegations of notice or knowledge, but refused summary dismissal because triable issues existed regarding what the purchasers may have known about 'administrative stops' on the title, communications from the plaintiff to the selling agent, and whether the property was sold below the court-ordered reserve price. The Court confirmed that a knowing receipt claim under the first limb of Barnes v Addy cannot defeat indefeasibility under s 42 of the Real Property Act 1900 (NSW) for proprietary relief (following Farah Constructions), but left open that a knowing assistance claim under the second limb may support proprietary relief against a registered proprietor (following Turner v O'Bryan-Turner). The plaintiff was permitted to replead her case against the purchaser defendants.
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