NSW Caselaw
New South Wales Supreme Court
CITATION : Anthony Magafas & Anor v Peter Carantinos & Ors [2010] NSWSC 370
HEARING DATE(S) : 27/4/10, 28/4/10
JUDGMENT DATE : 30 April 2010
JURISDICTION : Equity Division
JUDGMENT OF : Einstein J
DECISION : Cross-claim dismissed. Parties are to bring in short minutes of order.
CATCHWORDS : Trusts and trustees - Constitution and classification of trusts generally - Classification of trusts in general - Implied trusts - Resulting trusts - Where intention presumed - When arising - Joint purchase of land - Whether cross-claimant shown on evidence to have contributed to the purchase price of the property in question such that a proportion of the proceeds of sale were held on resulting trust for her - Following trust property - Identification of property - Whether possible to trace trust money paid into an overdrawn bank account - Procedure - Judgments and orders - Effect of judgments - In general - Whether cross-claimant's claim inconsistent with earlier declaration of Court
LEGISLATION CITED : Real Property Act 1900
CATEGORY : Procedural and other rulings
Baker v Official Trustee in Bankruptcy [1995] FCA 565 Bishopsgate Investment Ltd (in liq) v Homan[1995] Ch 211; [1995] 1 All ER 347 Black Uhlans Inc v New South Wales Crime Commission & Ors [2002] NSWSC 1060 Carantinos v Magafas [2008] NSWCA 304 Calverley v Green (1984) 155 CLR 242 Diplock; In re; Diplock v Wintle [1948] Ch 465; [1948] 2 All ER 318 CASES CITED : Farah Constructions Pty Ltd v Say-Dee Pty Ltd [2007] HCA 22, (2007) 230 CLR 89 Global Finance Group Pty Ltd (in liq); Re (2002) 26 WAR 385; [2002] WASC 63 Hallett's Estate re Knatchbull v Hallett (1879) 13 Ch D 696 James Roscoe (Bolton) Ltd v Winder [1915] 1 Ch 62, Space Investments Ltd v Canadian Imperial Bank of Commerce Trust Co (Bahamas) Ltd [1986] 1 WLR 1072 Viscariello v Bernsteen Pty Ltd (in liq) [2004] SASC 266 Williams (as liquidator of Scholz Motor Group Pty. Limited) v Peters [2009] QCA 180; 72 ACSR 365
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