The plaintiff law firm sued its former client for unpaid legal fees.
Shortly after being served, the client granted a mortgage on her property to her former brother-in-law.
The plaintiff sought leave to issue a certificate of pending litigation (CPL) alleging a fraudulent conveyance.
The Master denied the CPL, finding insufficient evidence of fraudulent intent.
On appeal, the Superior Court found the Master erred in law by applying a higher standard of proof to the second part of the test for a CPL and usurping the function of a trial judge.
The appeal was allowed and the CPL was granted.