NSW Caselaw
New South Wales Court of Appeal
CITATION: G R VAUGHAN (HOLDINGS) PTY LTD & ANOR V VOGT & ANOR [2006] NSWCA 263
HEARING DATE(S): 14/09/2006
JUDGMENT DATE: 22 September 2006
JUDGMENT OF: Hodgson JA at 1; Santow JA at 2; Bryson JA at 3
DECISION: see para [29]; Summons for leave to appeal dismissed with costs
CATCHWORDS: COSTS - successful party pays unsuccessful party's costs - son of testatrix defeated claims for provision out of notional estate by a widower and adult daughter by proving transaction for value between testatrix and himself for transfer of half her shares in family company and alteration of articles to deprive remaining shares of rights on her death - transaction kept secret, false returns to Corporate Affairs and Transfer of Shares not stamped or registered - son's evidence produced at last minute and Transfer stamped only on Day 4 of the hearing - son succeeded but Trial Judge awarded part costs to widower against son - leave to appeal refused.
Civil Procedure Act 2005 (NSW) s.98 LEGISLATION CITED: Family Provision Act 1982 (NSW) Stamp Duties Act 1920 (NSW) s.29
Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd (No. 3) (1998) 30 ACSR 20 Knight v Clifton [1971] Ch 700 Oshlack v Richmond River Council (1998) 193 CLR 72 CASES CITED: Ottway v Jones [1955] 1 WLR 706 Ritter v Godfrey [1920] 2 KB 47 Tekmat Investments Pty Ltd v Ward (1988) 81 ALR 278 Verna Trading Pty Ltd v New India Assurance Co. Ltd [1991] 1 VR 129
First Claimant: G R Vaughan (Holdings) Pty Limited (ACN 000 240 264) PARTIES: Second Claimant: Colin Raymond Vaughan First Opponent: Russell Keith Vogt Second Opponent: Peter Victor Duncan
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