Shim, Earle Alexander v Shim, Sylvia Elmay and German, Elizabeth

Case Number: 
2005HCV02986
Date of Delivery: 
16.05.2008

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 representations 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

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