Perry Herzfeld on "Fraudulent alienation of foreign immovables and the Mocambique rule in the Western Australian Court of Appeal"

International litigators and conflict of laws scholars may be interested in a recent blog post by Perry Herzfeld over at Conflictoflaws.net entitled: “Fraudulent alienation of foreign immovables and the Moçambique rule in the Western Australian Court of Appeal”. Here is a brief excerpt:

“Singh v Singh (2009) 253 ALR 575; [2009] WASCA 53, in the Western Australian Court of Appeal, was a dispute between two brothers, both resident in Western Australia. One, the plaintiff, claimed that the alienation by the other, the defendant, of real estate in Malaysia was made with the intent to defraud creditors, within the meaning of s 89(1) of the Property Law Act 1969 (WA). (That section is the modern equivalent in Western Australia of the Elizabethan statute 13 Eliz c 5, which has been reproduced in all Australian states and the Commonwealth.)…”

 

For additional analysis on the Mocambique Rule, see my previous post here.

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