14 Mar 2011
TAYLOR JADE SCHMIDT V NOEL ROBERT HAIR HC AK CIV-2010-404-007389
- Citation
- openlaw-38309ed3_1a9f_4c02_8e33_e5c508f6c35f.pdf
- Court
- High Court
The court held the applicant's originating application was procedurally competent and her caveat was not barred by s148 nor by issue estoppel from her husband's earlier failed application; the applicant established an arguable factual basis for an implied/resulting trust claim but she failed to show an arguable case of fraud or dishonesty by the respondent sufficient to defeat indefeasibility under s182 of the Land Transfer Act; accordingly the application to sustain the caveat was dismissed.