NSW Caselaw
New South Wales Court of Appeal
CITATION: Pennimpede v Pennimpede [2010] NSWCA 121
HEARING DATE(S): 21 May 2010
JUDGMENT DATE: 21 May 2010
JUDGMENT OF: Hodgson JA at 1; Tobias JA at 42; Macfarlan JA at 43
EX TEMPORE JUDGMENT DATE: 21 May 2010
DECISION: Appeal dismissed with costs.
CATCHWORDS: TRUSTS – Transfer of property between family members – Whether evidence established creation of a trust.
LEGISLATION CITED: Conveyancing Act 1919 ss 23C and 54A
CATEGORY: Principal judgment
CASES CITED: Watson v Foxman (1995) 49 NSWLR 315
Vito PENNIMPEDE (appellant) PARTIES: Gerard PENNIMPEDE (first respondent) Rita PENNIMPEDE (second respondent) Pasquale PENNIMPEDE (third respondent)
FILE NUMBER(S): CA 2009/298221
M R ALDRIDGE SC/ M EVANS (appellant) COUNSEL: D A SMALLBONE (first and second respondents) Submitting Appearance (third respondent)
Kells The Lawyers (appellant) SOLICITORS: Russell Mclelland Brown Lawyers (first and second respondents) Autore & Associates (third respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 1372/04
LOWER COURT JUDICIAL OFFICER: Bryson AJ
LOWER COURT DATE OF DECISION: 27 February 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Vito Pennimpede v Gerard Pennimpede & 2 Ors [2009] NSWSC 85
- 13 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL 2009/298221
HODGSON JA TOBIAS JA MACFARLAN JA
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