Mackinnon v Crill (No. 2) [2006] JLR 510 (09 November 2006)

Mackinnon v Crill (No. 2) [2006] JLR 510 (09 November 2006)

A caveat may be lodged to prevent the sale of land even if the debtor contests the claim, provided the court is satisfied there is a good arguable claim and the applicant has informed the court if the claim is contested.

Citation
[2006] JLR 510
Parties
Applicant: Mackinnon; Respondent: Crill
Jurisdiction
Jersey
Judgment Date
09 November 2006
Procedural Posture
Land Law Application / Interlocutory
Outcome
Application for caveat may proceed subject to court's consideration of whether claim is good and arguable.
Legal Topics
Caveat, Sale of Land, Good Arguable Claim
Land Law Caveat Sale of Land Good Arguable Claim

Case Brief

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Parties

Mackinnon

Applicant

Crill

Respondent

Procedural Posture

Land Law Application / Interlocutory

Legal Issues

  1. 1 Whether a caveat preventing sale of land may be lodged if the debtor contests the claim
  2. 2 What considerations are relevant for the court in determining if there is a good arguable claim against the debtor
  3. 3 Whether the applicant must ascertain if the claim is contested and inform the court

Ratio Decidendi

A caveat may be lodged to prevent the sale of land even if the debtor contests the claim, provided the court is satisfied there is a good arguable claim and the applicant has informed the court if the claim is contested.

Court Disposition

Application for caveat may proceed subject to court's consideration of whether claim is good and arguable.