Queensland Judgments
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Jedhar P/L v Grosse
[2004] QCA 167 (03/9576) Brisb Davies JA Fryberg J Philippides J 21/05/2004
Additional documents
Catchwords
CONVEYANCING – LAND TITLES UNDER THE TORRENS SYSTEM – CAVEATS AGAINST DEALINGS – LAPSE, REMOVAL AND WITHDRAWAL – REMOVAL -where application to remove caveat successful at first instance – where appellant claimed equitable interest in and resulting constructive trust over house – where appellant alleged that property was alienated with intent to defraud creditors – appellant alleged an entitlement under s 228 of the Property Law Act 1974 as an unpaid judgment creditor prejudiced by the alienations to avoid the alienations – whether judge erred in finding no serious question to be tried under s 228 – whether serious case raised of alienation of property – whether serious case raised of intention to defraud creditors