NSW Caselaw
New South Wales Supreme Court
CITATION : Bailey v Bailey [2010] NSWSC 948
HEARING DATE(S) : 26/08/10
JUDGMENT DATE : 30 September 2010
JUDGMENT OF : Slattery J at 1
DECISION : See paragraphs 75 - 77.
CATCHWORDS : EQUITY - Trusts and trustees - evidence - powers, duties, rights and liabilities of trustees - issue about terms of trust - alleged trust instrument lost - trust found to exist and terms of trust inferred from secondary evidence - a half interest in real property as tenant in common was conveyed to a family member on trust for her grandchildren - trustee discharges mortgage in respect of the trust property and in respect of the other half interest in the property - trustee claims reimbursement for mortgage payments - whether payments were a gift or a loan - held - payments were a gift - trustee claims interest on payments - claim dismissed.
Conveyancing Act 1919 (NSW), s 66G LEGISLATION CITED : Family Law Act 1975 (Cth) Limitation Act, (1969) (NSW), s 14 Trustee Act (NSW) (1925), s 59(4)
CATEGORY : Principal judgment
Chief Commissioner of Stamp Duties (NSW) v Buckle (1998) 192 CLR 226 CASES CITED : Mushinski v Dodds (1985) 160 CLR 583 R W G Management Ltd v Commissioner for Corporate Affairs (1985) VR 385 Young v Queensland Trustees Limited (1956) 99 CLR 560
TEXTS CITED : Heydon & Leeming Jacobs' Law of Trusts in Australia, 7th edition, Butterworths, Lexis Nexis, paragraph 2104
PARTIES : Plaintiff- Iris Bailey Defendant- Kim Bailey
FILE NUMBER(S) : SC 08/279267
COUNSEL : Plaintiff- R. Marshall Defendant- D.Higgs SC; J.Chambers
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