31 Aug 2021
The Court found it fair under s119 to vest in FAI and the Trustee the sums they agreed and to vest $100,000 in the bankrupt (Mr Johnston); FAI's equitable security over the land and proceeds justified vesting; the Trustee's unregistered mortgage entitled it to $72,000; Mr McKenna's claim was dismissed for lack of evidentiary affidavit and failure to prove loss as a result of the disclaimer.
21 Dec 2005
Although the plaintiffs held a constructive trust interest in the property, their conduct in vesting legal title in others and failing to protect that interest (including allowing an earlier caveat to lapse) made it equitable to reverse temporal priority; the R S Trust, an innocent purchaser who obtained a guaranteed search and settled, has priority; the second caveat protected the same interest and was therefore a prohibited second caveat under s148 and was improperly accepted by the Registrar, who is liable under s172A; caveat interlocutory judgments do not give rise to issue estoppel preve…