19 May 2009
SCALES AND SCALES V SCALES AND ORS HC CHCH CIV 2009-409-000500
- Citation
- openlaw-81c6eb35_a70f_4214_8441_4195ab27b91c.pdf
- Court
- High Court
Applicants failed to establish a reasonably arguable case that Mary granted them a proprietary life interest in 90 St James Avenue; the 1997 deed and codicil and the 2004 deed do not support a life estate in land; the alleged agreement fails s24 Property Law Act 2007 and the acts relied on do not satisfy part performance under s26 to validate the contract; therefore the caveat could not be maintained and the application to prevent lapse was dismissed.