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Shim, Earle Alexander v Sylvia Elmay Shim and Elizabeth German

Court: 
Supreme Court
Catchwords: 

Equity-Equitable estoppel-Husband (H) claiming equitable interest in Wife's (w) family's property-Whether misrepresentation as to ownership-H expending significant sums in construction on the property-H's intention at the time of incurring expenditure-Whether H relying on representation by W and mother-in-law-Whether equitable interest created thereby-How equity to be satisfied?

Restitution-Principles governing-Whether expenditure incurred as a result of mistake of fact-Unjust enrichment-Remedy available.

Practice and procedure-Issue estoppel-Court in Cayman declaring that there was no matrimonial property-Whether H's present claim already decided by a court-Whether claim an abuse of the process of the court

Document Type:

Year: 
2008
Suit/Claim number: 
2005 HCV 02986