21 Dec 2007
R R ROBSON V JOHN FREDERICK SHORTT HC AK CIV2007-404-223
- Citation
- openlaw-80b07af8_61e8_4e4b_bac2_31ed3ecd004e.pdf
- Court
- High Court
Given the applicant's age, poor health, lack of commercial experience, the small and recurring nature of arrears, the vendor's back‑dating of default interest without clear demand, and evidence the vendor could have taken steps to secure family assistance, the applicant discharged the onus of showing an arguable caveatable interest because termination was arguably oppressive under the Credit Contracts and Consumer Finance Act 2003; consequently the caveat is to be sustained on specified conditions pending substantive re‑opening proceedings.