The appellants, a wife and a family company, appealed a partial determination of competing applications regarding the company's share structure and the beneficial ownership of a property.
The Court of Appeal allowed the appeal, finding the application judge made palpable and overriding errors by failing to consider relevant evidence, including the company accountant's testimony regarding the share structure, and by failing to address the presumption of resulting trust regarding the property.
The matter was remitted to the Superior Court for a rehearing before a different judge.
