17 May 2012
HARVEY V GATESHEAD INVESTMENTS LIMITED HC AK CIV 2011-404-5909
- Citation
- openlaw-dd98d8f1_5381_4377_99c1_91a66bdfe03f.pdf
- Court
- High Court
On the material before the Court the relationship property agreement of 16 December 2009 was intended to defeat creditors and/or had the effect of defeating creditors and is therefore void against the first and second defendants under s 47; however, whether the joint tenancy was severed in equity during the deceased's lifetime is an arguable defence that prevents summary judgment on the question of vesting by survivorship, so that the removal of the notice of claim is ordered but the survivorship/vesting issue must proceed to trial.