16 Dec 2005
LES HOLT INVESTMENTS LTD V FENTONDALE PROPERTIES LTD HC AK CIV-2005-404-3997
- Citation
- openlaw-0ace4664_275b_478a_a197_42923c2b9ffe.pdf
- Court
- High Court
Holt's payments were loans/subordinated advances applied to the purchase so the purpose of the advances was achieved; no Quistclose/resulting trust arose to vest a proprietary interest in the land, and there was no unconscionable conduct to found a constructive trust; Holt's remedy is a personal claim for repayment, not a caveatable proprietary interest; accordingly the caveat could not be maintained and must be removed.