21 Dec 2005
EMSLIE V GENUINE INVESTMENTS LIMITED (IN LIQUIDATION) AND ANOR HC AK CIV 2005-404-592
- Citation
- openlaw-0ad36f16_29c6_4747_9a8a_b83bb9a9e168.pdf
- Court
- High Court
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…