8 Jul 2003
AIREDALE HOLDINGS LIMITED V PARLY ACQUISITIONS LIMITED CA CA66/03
- Citation
- openlaw-11a952be_fc17_423a_b4eb_d60427efe0ac.pdf
- Court
- Court of Appeal
On the untested affidavit material there was a serious question to be tried that Parly had a caveatable interest in the disputed airspace by way of constructive trust; factual conflicts and competing inferences about agency, fiduciary duty, unconscionability and the effect of settlement deeds made the matter unsuitable for summary disposal, therefore the caveat should be maintained and the appeal dismissed.