The appellants appealed a trial judgment expunging a mortgage and finding the appellant wife complicit in a fraudulent mortgage transaction structured by her husband, a former solicitor.
The appellants argued there was no evidence to support the finding of complicity.
The Court of Appeal dismissed the appeal, finding the record contained evidence that the appellant wife prepared the mortgage, signed the direction to register it, and gave instructions for its enforcement despite knowing no debt was owed.
The court also upheld the trial judge's finding that no legal fees were owed to the husband.
