5 Jul 2012
PONNIAH AND Anor V PALMER AND Anor HC AK CIV-2011-404-7662
- Citation
- openlaw-a216cbe1_c11b_43c3_8145_33c6ce2da17a.pdf
- Court
- High Court
There was no arguable evidence that both trustees had authorized or unanimously delegated to Mr Ivil authority to grant a mortgage and guarantee over trust property; the trust deed did not permit a single trustee or an agent to make that decision in place of the trustees, and the exceptions to non‑delegation did not apply; accordingly the applicants had no entitlement to lodge a caveat under s145A and the application is dismissed.