The appellant appealed a trial judgment finding that she and her husband fraudulently conveyed their matrimonial home to her alone to defeat creditors.
The Court of Appeal upheld the trial judge's findings that the husband had acquired a beneficial interest when the property was previously transferred into joint names to secure a mortgage, and that the subsequent reconveyance to the appellant alone was intended to defeat creditors.
However, the Court allowed the appeal in part regarding interest, reducing the rate from 1% per month to the Courts of Justice Act rate of 3.3% per annum, and changing the start date.
