2 Aug 2010
SIMPSON & BRIGHOUSE V WALKER, SIMPSON, BRIGHOUSE, WALKER & BELLAMY AND ORS HC AK CIV-2008-404-7381
- Citation
- openlaw-4e6604cf_e696_4bfa_8560_5fd6a02483ad.pdf
- Court
- High Court
The plaintiffs' applications are dismissed: they lack standing to set aside the second deed on the ground of Alan's incapacity because only the incapacitated person (or their representative) may void such transactions; even if standing existed, equitable relief would be denied because plaintiffs had engaged in self‑dealing and affirmation and there was no reasonable prospect of a successful FPA claim against Nola's estate given the facts; Colin did not owe the alleged fiduciary duty to his sisters; solicitor Bellamy breached duties to Alan and others but plaintiffs did not prove causation of…