NSW Caselaw
New South Wales Supreme Court
CITATION : Zaffina & Anor v Zaffina & Anor [2000] NSWSC 343 CURRENT JURISDICTION: Supreme Court FILE NUMBER(S) : SC 4602/98 HEARING DATE(S) : 4-7 April 2000 JUDGMENT DATE : 20 April 2000
PARTIES : Rosa Zaffina & Anor v Domenico David Zaffina & Anor JUDGMENT OF : Hodgson CJinEq at 1
COUNSEL : P - Mr M Cashion SC & Mr D Priestley D - Mr S Gregory & Mr N Newton SOLICITORS : P - Dwyer Mahon & Robertson D - Irwin & Richards CATCHWORDS : Contract - Rectification or trust - Need for clear evidence of intention and mistake - Estoppel - Need for clear evidence of belief and reliance DECISION : See par 76 of judgment
6 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
CORAM: HODGSON CJ in Eq
Thursday, 20 April 2000
No 4602/98: R OSA ZAFFINA & ANOR v DOMENICO DAVID ZAFFINA & ANOR JUDGMENT
1 HIS HONOUR: The first plaintiff Rosa Zaffina is the registered proprietor of Lot 88 in deposited plan 570228, comprising about 20 acres at Euston in New South Wales. The first defendant Domenico Zaffina is the registered proprietor of Lot 87 in the same deposited plan, comprising about 23 acres and adjoining Lot 88. Lot 87 has a frontage to Kilpatrick Road. Lot 88 is a battleaxe block, the body of which lies behind Lot 87, and the panhandle of which is a strip about 20 metres wide and a little under 300 metres long, running to Kilpatrick Road along the western boundary of Lot 87. Both Lots are used to cultivate grapevines. Some vines are planted on the panhandle, and these are cultivated and harvested by the first defendant in conjunction with vines on Lot 87. 2 By the summons in these proceedings, the first plaintiff and her son Louie Zaffina seek orders which would have the effect of giving them possession of the panhandle to the exclusion of the first defendant, and also seek damages. 3 By their cross-claims, the first defendant and his parents Luigi and Lina Zaffina seek orders which would have the effect of recognising a trust of the panhandle in favour of one or more of them, or alternatively a profit a prendre entitling them to cultivate the vines, or alternatively compensation the basis of estoppel.
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