19 Aug 2014
The 2001 transaction was a flawed/damaged asset because the plaintiffs received a less enforceable contractual licence when they should have been advised to secure a memorandum of encumbrance; that inherent defect constituted actual damage in 2001 and the six-year limitation period ran from that date, so the May 2014 proceeding was statute-barred; summary judgment entered for defendant.
3 Apr 2009
The Court found the applicants had an arguable (albeit not overwhelming) case that a constructive trust could arise because the purchasers/trustees had full knowledge of the grazing rights and the 'going concern' clause supported an inference that the trustees assumed obligations to continue those rights; given the arguable case, potential for moderate and irreparable interference with long-standing family rights and the respondents' refusal to provide binding undertakings, the balance of convenience favoured a limited interim injunction to preserve the status quo and enable parties to pursue…