The applicant, who is the executor and primary beneficiary of the deceased estate of her mother, sought orders for the removal of one of a number of caveats lodged by her sister-in-law over each of the 7 properties comprising the deceased estate. The sister-in-law claims an interest as beneficiary under a constructive trust over all 7 properties. The applicant also sought directions under s 96 of the Trusts Act 1973 (Qld) that, upon the caveat being removed, she was at liberty to mortgage the property and to use the proceeds (among other things) to meet the costs of defending related proceedings in which the sister-in-law sought declarations of constructive trust. The primary judge ordered that the caveat be removed and held that the applicant could use the proceeds of any mortgage to, among other things, meet the costs of defending the constructive trust claims.
Stewart Webster (with P J Coore) appeared for the first and second respondent, instructed by Cooper Grace Ward.
The judgment is available here.