The sister of the husband in divorce proceedings advanced money to him to pay his lawyers on the basis of an equitable mortgage over his half of the matrimonial home. The sister then sought an injunction restraining the first registered mortgagee from paying out the surplus proceeds to the husband. The sister was not a party to the family court proceedings.
The court found a serious question to be tried as to whether the sister did have an equitable mortgage in respect of the property or at least over the interest of the husband in it and that the balance of convenience was all in her favour.
The court granted an injunction.
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