The appellant Bank appealed a decision dismissing its application to vary a retroactive vesting order that transferred the husband's interest in the matrimonial home to the respondent wife.
The Bank held writs of seizure and sale against the husband and argued the vesting order unjustly defeated its interests.
The Court of Appeal dismissed the appeal, finding that the original judge implicitly based the vesting order on a constructive trust that arose when the wife paid the husband's debts at separation.
Because this equitable interest arose before the Bank obtained its writs, the husband had no interest in the property to which the writs could attach.
