Harry Bernard Thynne v Jevny Pty Limited and Anor [2022] NSWSC 1774

Supreme Court New South Wales

Medium Neutral Citation: Harry Bernard Thynne v Jevny Pty Limited and Anor [2022] NSWSC 1774 Hearing dates: 13 and 14 December 2022 Date of orders: 22 December 2022 Decision date: 22 December 2022 Jurisdiction: Equity Before: Hammerschlag CJ in Eq Decision: The plaintiff is to withdraw caveat AS583181 Catchwords: EQUITY – LAND LAW – SUCCESSION – Real Property Act 1900 (NSW) s 74MA – where deceased made a will and signed a memorandum of wishes which was countersigned by his wife (the second defendant) who survived him – where under the memorandum of wishes he bequeathed to her a real property on the understanding and agreement with her that she would leave it or any other property bought to replace it or the proceeds of its sale to a son of the deceased's first marriage (the plaintiff) and a child of the marriage between her and the deceased in equal shares – where the plaintiff lodged a caveat on the property contending that she holds it in trust for the two sons – HELD – no trust created, no caveatable interest, caveat to be removed Legislation Cited: Real Property Act 1900 (NSW) Cases Cited: Barns v Barns (2003) 214 CLR 169 Birmingham v Renfrew (1937) 57 CLR 666 Category: Principal judgment Parties: Harry Bernard Thynne – Plaintiff Jevny Pty Limited ACN 001737864 – First Defendant Victoria Diane Sheringham – Second Defendant Representation: Counsel: S.V. Shepherd – Plaintiff A.F. Fernon SC with M Barnes – First and Second Defendants

Solicitors: I D Haege – Plaintiff O'Neill McDonald Lawyers – First and Second Defendants File Number(s): 2022/220085