NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Lewis v Condon; Condon v Lewis [2013] NSWCA 204 Hearing dates: 19 June 2013 Decision date: 04 July 2013 Before: McColl JA at [1]; Leeming JA at [2]; Sackville AJA at [118] Decision: Orders in 2013/66225
1. Grant leave to appeal.
2. Appeal allowed.
3. Set aside the orders made on 22 February 2013, and in lieu thereof, declare that the Property is an asset of the Kenthurst Investments Trust.
4. Order that the respondent pay the appellant's costs at first instance and on appeal.
5. Dismiss the notice of contention.
6. Remit the proceedings, including the motion dated 7 June 2013, to the primary judge to consider what further relief (if any) is appropriate.
Orders in 2013/71832
1. Dismiss the summons seeking leave to appeal.
2. Order that Mr Condon pay the costs of the summons. Catchwords: TRUSTS AND TRUSTEES – creation of trust – property settled on trust in order to deceive former husband and to evade taxation – whether trust a sham – improper purpose not sufficient for trust to be a sham – creation of discretionary trust consistent with improper purpose – subsequent conduct inconsistent with trust would amount to breach of trust, not "emerging sham"
TRUSTS AND TRUSTEES – powers, duties, rights and liabilities – power of variation – purported replacement of trustee and appointor – purported exercise of power of appointment
TRUSTS AND TRUSTEES – beneficiaries – standing of beneficiary to bring proceedings – special circumstances
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