The appellants appealed the dismissal of their actions against a solicitor for breach of undertaking and against a corporate defendant for fraudulent conveyance.
The solicitor had released holdback funds after confirming with the architect that deficiencies were rectified, fulfilling the terms of the undertaking despite an initial breach.
The trial judge also found that the corporate defendant held the transferred property as a bare trustee, defeating the fraudulent conveyance claim.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error as the issues were primarily based on credibility assessments.
