NSW Caselaw
New South Wales Court of Appeal
CITATION: Cone v Burch [2010] NSWCA 168
HEARING DATE(S): 25 June 2010
JUDGMENT DATE: 29 October 2010
JUDGMENT OF: Beazley JA at 1; Giles JA at 2; Macfarlan JA at 64
DECISION: Appeal dismissed with costs.
CATCHWORDS: EQUITY - trusts - resulting trust - proof of beneficial ownership - one party paid for property - second party provided work on property - whether intention that beneficial interest not be held on trust shown - on facts no intention shown. EVIDENCE - rules of evidence - rule in Browne v Dunn - defendant gave evidence - particular evidence then elicited from plaintiff in cross-examination - had not been put to defendant - whether plaintiff could rely on the evidence - evidence could be relied upon.
Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation (1983) 1 NSWLR 1; Browne v Dunn (1894) 6 R 67; Calverley v Green (1984) 155 CLR 242; CASES CITED: Charles Marshall Pty Ltd v Grimsley (1956) 95 CLR 353; Giumelli v Giumelli (1999) 196 CLR 101 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd (2010) HCA 19; Martin v Martin (1959) 110 CLR 297; News Ltd v Australian Rugby Football League Ltd (1996) 64 FCA 410.
PARTIES: Anthony Charles Cone - Appellant Cheryl Anne Burch - Respondent
FILE NUMBER(S): CA 2008/281732
COUNSEL: P R Glissan - Appellant A J McInerney & D J Barnett - Respondent
SOLICITORS: John McEncroe & Company - Appellant Foott, Law & Co, Grafton - Respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 5861/08
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate