8 Sept 2023
Applications to annul adjudications dismissed because they were procedurally defective and unsupported by evidence, and because the Court of Appeal had already refused extensions and upheld that the tax assessments stood unless validly challenged, thus rendering the annulment applications futile and incapable of success under s 309(1)(a).
6 Dec 2011
The application for leave to appeal is dismissed because it is grossly out of time, raises primarily untenable procedural arguments, and has little prospect of success on the merits given the trial judge's permissible finding on the balance of probabilities that the second respondent is the deceased's son based on DNA and affidavit evidence; a grant of probate does not bar Family Protection Act claims.
14 Mar 2011
The court held the applicant's originating application was procedurally competent and her caveat was not barred by s148 nor by issue estoppel from her husband's earlier failed application; the applicant established an arguable factual basis for an implied/resulting trust claim but she failed to show an arguable case of fraud or dishonesty by the respondent sufficient to defeat indefeasibility under s182 of the Land Transfer Act; accordingly the application to sustain the caveat was dismissed.