23 Apr 2012
SECURE FINANCIAL SERVICES LIMITED V DAVIDSON AS TRUSTEE OF THE CLARKE DAVIDSON FAMILY TRUST HC AK CIV-2012-404-303
- Citation
- openlaw-5936f6dc_113f_44a9_a4a1_9a8566139169.pdf
- Court
- High Court
Caveat discharged because continuation would serve no practical advantage to the caveator: the vendor (Basta) was effectively insolvent and unable to complete development so specific performance was unrealistic; the caveat cannot prevent a lawful mortgagee sale and there was insufficient evidence of breach of s176 or of a constructive trust or unconscionable representation by the mortgagee to the purchaser to justify proprietary relief or to bar registration of the mortgagee sale transfer.