NSW Caselaw
New South Wales Court of Appeal
CITATION: Siemianowski v Sellers [2009] NSWCA 245
HEARING DATE(S): 3 August 2009
JUDGMENT DATE: 3 August 2009
JUDGMENT OF: Hodgson JA at [1], [52], [56]; Ipp JA at [54]; Handley AJA at [55]
EX TEMPORE JUDGMENT DATE: 3 August 2009
DECISION: 1. Appeal dismissed with costs. 2. No order made altering the usual basis for assessment of costs.
CATCHWORDS: EQUITY – Resulting trust – Presumption of advancement – Contract for purchase of property in son's name – Father pays deposit and stamp duty – Agreement that transfer be to father and son as joint tenants – Whether father intended to make gifts – Whether father's interest held on trust for son.
CATEGORY: Principal judgment
PARTIES: Michael SIEMIANOWSKI (appellant) Paul Charles SELLERS (respondent)
FILE NUMBER(S): CA 40276/08
COUNSEL: J SLEIGHT (appellant) D J RUSSELL, SC/ J V GOOLEY (respondent)
SOLICITORS: Clinch Long Letherbarrow Pty Ltd (appellant) Thomas and Company (respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 4477/07
LOWER COURT JUDICIAL OFFICER: Barrett J
LOWER COURT DATE OF DECISION: 4 June 2008
LOWER COURT MEDIUM NEUTRAL CITATION: Sellers v Siemianowski [2008] NSWSC 538
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40276/08 SC 4477/07
HODGSON JA IPP JA HANDLEY AJA
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