Palmer v Bank of New South Wales [1975] HCA 51

High Court of Australia Barwick C.J. Menzies, Gibbs, Stephen and Mason JJ. Palmer v Bank of New South Wales [1975] HCA 51

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1975, 29 Oct Barwick C.J.

The appellants, husband and wife, by originating summons in equity, sued the respondents in the Supreme Court of New South Wales, claiming the following orders and declarations:

1. That it may be declared that the moneys standing to the credit of account no. 007547 in the name of E. & T. Hull at the Bank of New South Wales, Coffs Harbour branch, form part of the Estate of the late Frederick Ashley Smith.

2. Alternatively that it may be declared that such of the moneys standing to the credit of the said account as have been provided by or deposited in the same by or on behalf of the deceased form part of his said estate.

3. That it may be declared that it was agreed by and between the appellants and the deceased that in consideration of the appellants looking after and keeping the deceased and paying all normal expenses incurred on his property at lot 14, section 6, Lyons Road, Sawtell, the deceased agreed that in return for such services all his property would pass to the appellants on his decease with no encumbrances and that such agreement is valid and enforceable by the appellants.

4. That it may be declared that such of the said moneys, referred to in par. 2, are held in trust absolutely for the benefit of the appellants.

5. That it may be declared that the appellants are entitled to such moneys as were standing to the credit of the account in the names of Frank Davis, Iris and Joe Palmer, at the Bank of New South Wales, Coffs Harbour branch, at the time of the closing of such account by the deceased.