NSW Caselaw
New South Wales Supreme Court
CITATION : The Uniting Church in Australia Property Trust (NSW) v David Grant Vincent & Anor [2009] NSWSC 375
HEARING DATE(S) : 8/05/09 JURISDICTION : Equity Division Commercial List
JUDGMENT OF : Einstein J
EX TEMPORE JUDGMENT DATE : 8 May 2009
DECISION : Declaration made that defendants hold their interest in subject property subject to equitable charge in favour of the plaintiff. Earlier orders varied.
CATCHWORDS : Resulting trusts - Thief holds stolen funds or property under presumed or resulting trust for the benefit of the rightful owner - Consideration of occasions when such a trust arises - Property is trust property in the hands of the thief because the thief is bound in conscience to hold the property on behalf of its true owner - Where trustee mixes own money with trust money in bank account the money remains subject to the trust - Charges - Where fund mixed with trust money is used to acquire other property, beneficiary entitled to charge both the fund and any property acquired from that fund - Tracing - Where trust money used to affect the value of the property, such as by the repayment of loans secured over the property, it can be traced into the property - Volunteers without notice receive the trust property subject to the trust
CATEGORY : Procedural and other rulings
Addstead Pty Ltd (in liq) v Liddan Pty Ltd (1997) 70 SASR 21; 25 ACSR 175 Boscawen v Baiwa [1996] 1 WLR 328 French Caledonia Travel Service Pty Ltd (in liq), Re (2003) 59 NSWLR 361 Hallett's Estate, Re (1880) 13 Ch D 696 Orix Australia Corporation Ltd v Moody Kiddell & Partners Pty Ltd [2005] NSWSC 1209 CASES CITED : Oatway, In re; Hertslet v Oatway [1903] 2 Ch 356 Robb Evans v European Bank Ltd (2004) 61 NSWLR 75 Stephens Travel Service International Pty Ltd v Qantas Airways Ltd (1988) 13 NSWLR 331 Strang v Owens (1925) 42 WN (NSW) 183 Westdeutsche Landesbank Girozentrale v Islington London Borough Council [1996] AC 669 Westpac Banking Corporation v Ollis [2007] NSWSC 956
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