6 Aug 2010
ROKOS V CAMPBELL HC AK CIV-2010-404-3754
- Citation
- openlaw-f58df692_12c7_4c26_a890_0f7a43ea54e9.pdf
- Court
- High Court
The court found on the evidential matrix — payment of deposits by the company, caveats lodged in the company's name, executed deeds of nomination reciting BRNO as purchaser, the parties' conduct in liquidation negotiations and proposed deed of arrangement — that BRNO Developments Ltd must be regarded as the contracting purchaser and had effectively ratified the agreements; Rokos was estopped from asserting a contrary position and failed to meet the onus under s145A to establish a reasonably arguable personal interest, so his caveats could not be sustained.
- Caveat and lapse proceedings
- Pre‑incorporation contracts and ratification
- Deeds of nomination
- Estoppel by recital
- Onus under s 145a
- Assignment and proposed deed of arrangement