The Plaintiffs sought to maintain a Certificate of Pending Litigation (CPL) on the Defendants' property at 19 Borland Crescent, alleging an interest in the land due to an unpaid $50,000 loan used for its purchase and a fraudulent conveyance.
The Defendants opposed, arguing the Plaintiffs had no claim to an interest in the land and that the test for a CPL was not met.
The court found it doubtful whether an interest in land was claimed, and even if so, the Plaintiffs failed to meet the test for continuing a CPL, as the land was not unique, damages were quantifiable and a satisfactory remedy, and the Defendants provided an undertaking securing the loan against another property.
The court also found no evidence of fraudulent conveyance.
The CPL was ordered removed from title.
