3 Apr 2009
HARVEYV PRANGLEY AND ORS HC BLE CIV 2009-406-000026
- Citation
- openlaw-7dadd04f_276b_41dd_859d_4d8a31c9fa0c.pdf
- Court
- High Court
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…