5 Aug 2009
LEWTYN MICHAEL SCOTT V ROSEMARY ANN SCOTT AND LEE MCNEILLY AND ANOR HC TAU CIV 2004-470-0094
- Citation
- openlaw-e11d5e4c_1f86_45c7_9a11_58e1b2dda4ee.pdf
- Court
- High Court
Rosemary's application for sale of Tombstone is to be determined under s140 Property Law Act 1952 as preserved by Interpretation Act s18 because she had an existing right in proceedings commenced before 1 January 2008; plaintiff lacks standing to invoke s339 Property Law Act 2007 because he is not a legal co-owner but a constructive/beneficial owner; plaintiff's misconduct and conflict justify removal as executor and trustee under Trustee Act s51; plaintiff's caveats are discharged under Land Transfer Act s143; buy-out applications and stay are dismissed; sale of Tombstone ordered and Trust F…