NSW Caselaw
Appeal Outcome: Special leave application deemed abandoned - 22 October 2007
New South Wales Court of Appeal
CITATION: ACN 062 895 774 PTY LTD v TYNDALL [2007] NSWCA 64
HEARING DATE(S): 20 February 2007
JUDGMENT DATE: 27 March 2007
JUDGMENT OF: Mason P at 1; Beazley JA at 64; Ipp JA at 65
DECISION: Appeal allowed
CATCHWORDS: EQUITY – General principles – equitable liens – against a third party – arising from unexpressed or implied terms of an arrangement or agreement - unconscientious conduct - EVIDENCE – General matters – objection taken at trial – deferring a ruling as to the objection - practice deprecated
LEGISLATION CITED: Contracts Review Act 1980 Property Relationships Act 1984
Chamberlain v Deputy Commissioner of Taxation (1988) 164 CLR 502 CASES CITED: Deane-Willcocks v Nothintoohard Pty Ltd (in liq) [2006] NSWCA 311 Hewett v Court (1983) 149 CLR 639 Kwan v Kang [2003] NSWCA 336
PARTIES: ACN 062 895 774 PTY LTD Diane TYNDALL
FILE NUMBER(S): CA 40095/2006
COUNSEL: Appellant: B R McClintock SC/ D J Durston Respondent: M Sahade
SOLICITORS: Appellant: Searle & Associates Lawyers Respondent: Comino Prassas
LOWER COURT JURISDICTION: Supreme Court - Common Law Division
LOWER COURT FILE NUMBER(S): SC 1110/2004
LOWER COURT JUDICIAL OFFICER: Sully J
LOWER COURT DATE OF DECISION: 7 December 2005
LOWER COURT MEDIUM NEUTRAL CITATION: NSWSC 1124
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40095/06
MASON P BEAZLEY JA IPP JA
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