2 Oct 2012
MARSHALL V BOURNEVILLE HC AK CIV-2012-404-004023
- Citation
- openlaw-6afefee3_7039_4d14_9486_44fb8ef9619a.pdf
- Court
- High Court
The applicant failed to establish a reasonably arguable proprietary interest in the registered Symonds Street property because prior judicial findings that the transactions were bona fide and that the parties separated operate as issue estoppel, transfers to the family trust preclude a proprietary constructive trust or effective tracing into the trust assets on these facts, and in any event the Court would exercise its discretion to order the caveat to lapse.