NSW Caselaw
Reported Decision : 9 DCLR (NSW) 180
New South Wales District Court
CITATION: Aboud v Aboud [2009] NSWDC 183
HEARING DATE(S): 13-15 May 2009, 22 May 2009 and 29-30 June 2009
JUDGMENT DATE: 24 July 2009
JURISDICTION: Civil
JUDGMENT OF: Hungerford ADCJ
DECISION: Perfected gift to defendant on donative intention and delivery being established. Verdict for the defendant against the plaintiff; parties to be heard on costs.
CATCHWORDS: GIFT - Household effects - Oral gifts of chattels inter vivos - Common family home - Onus - Standard of proof - Words of gift - Essential requirements - Donative intention - Delivery - Whether gifts perfected - Costs
LEGISLATION CITED: Civil Procedure Act 2005, s 93(1)
Bashall v Bashall [1894] 11 TLR 152 Broughton v Beard Watson & Co Ltd [1943] 44 SR (NSW) 62 Cole, In Re, A Bankrupt; ex parte The Trustee of the Property of the Bankrupt [1964] 1 Ch 175 Corin v Patton (1989) 169 CLR 540 Evans, In Re [1946] St R Qd 20 CASES CITED: Everett, In Re; Executor Trustee & Agency Co of South Australia Ltd v Everett [1917] SALR 52 Flinn v White [1950] SASR 195 Grundel v Registrar General (unreported, McLelland J, NSWSC, 19 June 1990) Horsley v Phillips Fine Art Auctioneers Pty Ltd [1995] NSWSC 78 Nolan v Nolan [2003] VSC 121 See v See (1946) 63 WN (NSW) 181 Thomas v The Times Book Co Ltd [1966] 2 All ER 241
TEXTS CITED: "Transfer of Choses in Possession between Members of a Common Household" (1953) 11 Cambridge Law Journal 355
PARTIES: Ethel Martin Aboud (by her tutor Ian Samuel Aboud) - Plaintiff Rosemary Ellen Aboud - Defendant
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