NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Woods v McKinlay (No 4) [2023] NSWSC 873 Hearing dates: On the papers, final submission received 13 June 2023 Date of orders: 25 July 2023 Decision date: 25 July 2023 Jurisdiction: Equity Before: Parker J Decision: See [29]-[32] Catchwords: EQUITY – constructive trusts – failed joint endeavour – form of relief – division of amount withheld from sale proceeds on account of potential tax liability COSTS – costs of cross-claim – where amendment to statement of claim said to render cross-claim otiose Legislation Cited: Nil Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Makaritis v Makaritis (No 3) [2023] NSWSC 409 Medway Oil & Storage Co Ltd v Continental Contractors Ltd [1929] AC 88 Muschinski v Dodds (1985) 160 CLR 583 Southern Oil Refining Pty Ltd v Hydrodec Australia Pty Ltd (No 2) [2021] NSWSC 336 Woods v McKinlay (No 2) [2021] NSWSC 1510 Woods v McKinlay (No 3) [2023] NSWSC 489 Texts Cited: Nil Category: Costs Parties: Antoinette Woods (Plaintiff/Cross Defendant) Orlene Bernadette McKinlay (First Defendant/Frist Cross-Claimant) David Matthew McKinlay (Second Defendant/Second Cross-Claimant) Representation: Counsel: SJ Stanton (Plaintiff/Cross-Defendant) J Horowitz (Defendants/Cross-Claimants
Solicitor: Arch Law (Australia) Pty Ltd (Plaintiff/Cross-Defendant) Beswick Lynch Lawyers (Defendants/Cross-Claimants) File Number(s): 2019/263271 Publication restriction: Nil
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