Pending determination of the appeal to the High Court of Western Australia and Ors v Ward and Ors (2000) 170 ALR 159 (the «Miriuwung Gagerrong case») (humanrights.gov.au)
The Court of Appeal could not exercise its power under CPR r. 52.17 to reopen a final determination of an appeal concerning the ability to seek rectification of the Land Register following a fraudulent sale and subsequent charge merely because the determination had been factually incorrect: it had to have been arrived at by a corrupted process, such as fraud or bias. (elyplace.com)
Weatherall says: «The county courts have adopted a pragmatic approach to the litigation, and allowed those cases to remain subject to the test case decision, and there is no reason to suspect that this sensible attitude will not continue until there has been a final determination of any appeal launched.» (newlawjournal.co.uk)