The plaintiff, Gamble & Rogers Limited, sought leave to register a certificate of pending litigation (CPL) against a property, alleging a fraudulent conveyance by one of the defendants, Dany Carvalho, to his wife, Rosa Carvalho.
The plaintiff claimed Dany had promised a collateral mortgage on the property to secure a debt owed by Horizon Meat Packers Inc., a company he co-owned, and then fraudulently transferred his interest in the property for no consideration to defeat creditors.
The defendants argued there was no interest in land to support a CPL and that the transfer was for good consideration based on an earlier share transfer.
The court found the plaintiff established a prima facie case of fraudulent conveyance and that an interest in land was in question, granting leave to register the CPL.
