NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bayley v Sivewright; Sivewright v Sivewright [2021] NSWSC 134 Hearing dates: 8, 9 and 11 February 2021 Decision date: 23 February 2021 Jurisdiction: Equity - Family Provision List Before: Kunc J Decision: Defendant entitled to proceeds of life insurance policy Catchwords: PARTNERSHIPS AND JOINT VENTURES — Partnership property — Identification — Each of two partners took out life insurance policy in his name over life of other partner — Ownership of proceeds of policy Legislation Cited: Partnership Act 1892 (NSW) Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Carter Bros v Renouf (1962) 111 CLR 140 Corser v Commonwealth General Assurance Corporation Limited [1963] NSWR 225 Foskett v McKeown [2001] 1 AC 102 Hungerford (by his tutor Ahadizadeh) v Richardson and Ors [2017] NSWSC 297 Sze Tu v Lowe (2014) 89 NSWLR 317; [2014] NSWCA 462 Texts Cited: Lindley and Banks on Partnership (Sweet & Maxwell, 20th ed, 2017) Category: Principal judgment Parties: Leon Thomas Bayley (First Plaintiff) Sarah Louise Sivewright (Second Plaintiff) Ian James Sivewright (Defendant) Representation: Counsel: A Hill (First Plaintiff) D Liebhold (Second Plaintiff) C Lawrence (Defendant)
Solicitors: Dakin Law (First Plaintiff) Gallagher Solicitors and Conveyancers (Second Plaintiff) David Hunter (Defendant) File Number(s): 2019/00105009; 2019/00176695 Publication restriction: Nil
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