NSW Caselaw
New South Wales Court of Appeal
Killen v Rennie & 1 Ors [2005] NSWCA 392 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 5 August 2005
JUDGMENT DATE: 15 November 2005
JUDGMENT OF: Mason P at 1; Santow JA at 2; Brownie AJA at 131
DECISION: Appeal allowed with costs (see Orders at [130]). Please Note: Orders made pursuant to this judgment have been varied by judgment [2006] NSWCA 189 dated 14 July 2006.
CATCHWORDS: TRUSTS – Contest over the ownership of the proceeds of mortgaging a former family home – whether at acquisition date the second respondent, Aroona (a family company) held the former family home on resulting trust for the appellant, Mrs Killen – whether the equitable interest in former family home passed to Mrs Killen pursuant to resolution recorded in minute of 8 July 1974 Aroona directors' meeting.
LEGISLATION CITED: Conveyancing Act s23C(1)(a); s54A
Calverley v Green (1984) 155 CLR 242 CASES CITED: Shephard v Cartwright [1954] 3 All ER 649
Rosanne Lyle Fulton KILLEN (Appellant) PARTIES: Kenneth John RENNIE (First Respondent) AROONA DEVELOPMENTS PTY LIMITED (in liquidation) ACN 008 441 129 (Second Respondent)
FILE NUMBER(S): CA 40054/04; 40044/04
M D YOUNG (Appellant) COUNSEL: R HUGH (Solicitor) - submitting appearance (First Respondent) J T JOHNSON (Second Respondent)
McKells (Appellant) SOLICITORS: Hugh & Associates (First Respondent) Watson Mangioni (Second Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
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