Principle

EVIDENCE LAW – Proof of Title – Plaintiff Must Succeed on Strength of Own Case – Weakness of Defence Cannot Strengthen Plaintiff’s Case

Area of law
EVIDENCE LAW
Court
Supreme Court

In a declaration of title action, the plaintiff must succeed on the strength of their own case, not the weakness of the defendant's case. The onus lies on the plaintiff throughout. Even if the defendant's case is weak, the plaintiff must still prove their title.…

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