NSW Caselaw
New South Wales Supreme Court CITATION : DEEN v KRASSOF [1999] NSWSC 378 CURRENT JURISDICTION : EQUITY FILE NUMBER(S) : 3747/97 HEARING DATE(S) : 14 and 15 April, 1999 JUDGMENT DATE : 28 April 1999
PARTIES : Tania DEEN as Administratrix of the Estate of the late Andre Ivanovich KRASSOFF v David Konstanten KRASSOF JUDGMENT OF : Bryson J
LOWER COURT JURISDICTION : LOWER COURT FILE NUMBER(S) : LOWER COURT JUDICIAL OFFICER :
COUNSEL : B.E. Kinsella for the plaintiff. P.E. King for the defendant. SOLICITORS : Geoff Williams & Associates for the plaintiff. McLaughlins for the defendant. CATCHWORDS : Trusts - Creation of Trust - s 23C Conveyancing Act - Creation of trust by Deed not in evidence - Subsequent Deed of Release made trust null and void - Deed of Release effective to transfer beneficial interest.; Deeds - interpretation - deed containing condition - decision on provisions of Deed. ACTS CITED : Paragraphs (a) & (b) of subs. 23C(1) of the Conveyancing Act, 1919. Rochefoucauld v Boustead (1897) 1 Ch.196 Last v Rosenfeld [1972] 2 NSWLR 923 CASES CITED : Wratten v Hunter [1978] 2 NSWLR 367 Allen v Snyder [1977] 2 NSRLR 685 Ogilvie v Ryan [1976] 2 NSWLR 504 DECISION : On the plaintiff's claim I give judgment for the defendant with costs.; On the cross-claim I give judgment for the cross-defendant.; I order that each party pay his or her own costs of the cross-claim.
21 - - - 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
BRYSON J
WEDNESDAY, 28 APRIL, 1999
3747/97 Tania DEEN as Administratrix of the Estate of the late Andre Ivanovich KRASSOFF v David Konstanten KRASSOF
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