19 Jun 2008
BLAIR ANDREW STIRLING AND BRENDAN HUGH STIRLING V DESMOND JOHN PARKE AS EXECUTOR OF THE ESTATE OF GRAHAM HERBERT STIRLING AND ANOR HC WHA CIV 2007-488-612
- Citation
- openlaw-f5baea72_3fcb_4bc5_b97a_09fd72eee892.pdf
- Court
- High Court
The court held that the applicants' notice to the registrar of the application to preserve the caveat was effective from the date the registrar's notice permitted (service by post because no fax address was specified), so the caveat had not already lapsed for procedural noncompliance; however, on the substantive merits the applicants failed to establish an arguable constructive trust interest of sufficient contribution or reasonable expectation, their prior settlement and delay undermined their claim, and Fulton Hogan had an equitable interest and was a bona fide purchaser for value without n…