25 Nov 2011
HARVEY V GATESHEAD INVESTMENTS LTD HC AK CIV-2011-404-5909
- Citation
- openlaw-736872f7_fe9a_4c62_8c13_ecee8117c6ad.pdf
- Court
- High Court
The relationship property agreement was entered into in the face of impending creditor claims and had the effect (and was intended) to defeat creditors so it is void against the defendants under s47; consequently upon Mr Harvey's death the second plaintiff took the whole beneficial interest by survivorship and there is no seriously arguable case that the estate owns the property or that a severance creates an equitable interest capable of defeating the charging order; further, existing judgment creditors are entitled to enforce their judgment and this proceeding cannot collaterally undermine…