NSW Caselaw
New South Wales Supreme Court
CITATION : Wong v Wong [2008] NSWSC 330
HEARING DATE(S) : 31/03/08, 01/04/08
JUDGMENT DATE : 16 April 2008
JURISDICTION : Equity
JUDGMENT OF : White J
DECISION : Counsel for the plaintiff to bring in short minutes of order in accordance with reasons.
CATCHWORDS : TRUSTS – resulting trust – gift of half-interest in land to daughter – presumption of advancement – presumption supported by evidence. - TRUSTS – resulting trust – property purchased in joint names of son and mother with mother's money – presumption of advancement not rebutted. - REAL PROPERTY – conveyancing – agreement to transfer property – power of attorney to deal with specified property and 'irrevocable authority' allowing attorney to direct payment of proceeds of sale of property – principal's consent to power of attorney being exercised for benefit of attorney and a third party withdrawn – consent revocable as no estoppel or consideration.
LEGISLATION CITED : Conveyancing Act 1919 (NSW) Powers of Attorney Act 2003 (NSW)
Currie v Hamilton [1984] 1 NSWLR 687 Black Uhlans Inc v New South Wales Crime Commission [2002] NSWSC 1060; (2002) 12 BPR 22,421 CASES CITED : Nelson v Nelson (1995) 184 CLR 538 Sweeney v Howard [2007] NSWSC 852; (2007) 13 BPR 24,381 Tobin v Broadbent (1947) 75 CLR 378
TEXTS CITED : Halsbury's Laws of England, 4th ed, vol 12 "Deeds and Other Instruments"
Debby Ann Wong PARTIES : v Stanley Wong & 1 Or
FILE NUMBER(S) : SC 3264/07
Plaintiff: L V Gyles COUNSEL : 1st Defendant: G D Blake SC 2nd Defendant: G Foster
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