24 Jul 2009
TWYFORD & ANOR V GIBBONS & ANOR HC HAM CIV 2009-419-000324
- Citation
- openlaw-3bd7a114_c08d_4b9b_89e8_49b8fbaa3b9b.pdf
- Court
- High Court
The caveator failed to demonstrate a reasonably arguable proprietary interest as cestui que trust or a legitimate need for a proprietary remedy because the bank, as secured creditor, controls realization of the secured assets and there is no basis for an institutional constructive trust; accordingly the caveat must be removed.