20 May 2009
KIM V PAN HC AK CIV-2009-404-0995
- Citation
- openlaw-4d0a382f_863a_42dd_8b94_59d5568211f8.pdf
- Court
- High Court
The caveat was sustained because the applicant established a reasonably arguable case that the conditional sale agreement created an interest in the land and that the respondent may have taken title with knowledge of that interest (potential Land Transfer Act fraud), making specific performance arguable; consequently the caveat remains until further court order and the applicant must file and diligently prosecute proceedings for specific performance by the specified date.