NSW Caselaw
New South Wales Supreme Court
CITATION : HUNT v. BARLOW [2000] NSWSC 324 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 2977/97 HEARING DATE(S) : 11-13/8/99 & 24-26/11/99 JUDGMENT DATE : 19 April 2000
PARTIES : RICHARD RUSSELL HUNT - Plaintiff PETER JAMES BARLOW - Defendant JUDGMENT OF : Bryson J at 1
COUNSEL : J. Armfield - Pltf M. Bridger - Dft SOLICITORS : Lane & Lane - Pltf Gordon Robilliard Plowman Merton - Dft CATCHWORDS : REAL PROPERTY - tenants in common - whether agreement to transfer interest was made - claim against estate of deceased person - trustees for sale of interests as tenants in common were appointed. EVIDENCE - estate of deceased person - knowledge of events not available to l.p.r. - dispute that agreement to transfer existed - credibility of witnesses - balance of probabilities - corroborative evidence - witness criminally convicted for dishonesty - witness' demeanour - irregular accounting records - consideration of approach to fact-finding and observations of Isaacs J in Plunket v. Bull - the plaintiff's claim to have made an agreement with his deceased business partner to release debts and take the business assets failed on the balance of probabilities. Briginshaw v. Briginshaw (1938) 60 CLR 336 Birmingham v. Renfrew (1937) 57 CLR 666 CASES CITED : In Re Cummins (dec'd); Cummins v Thompson [1972] 1 Ch 62 Grundel v. The Registrar General (1990) 5 BPR 97-340 Plunket v. Bull (1915) 19 CLR 544 Lachmi Parshad v. Maharajah Narendro Kishore Singh Bahadur (1891) LR 19 1A 9 DECISION : See para 64
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
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