NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Kathleen Jeanne Furlong & Mark Andrew Leishman (a bankrupt) v Wise & Young Pty Ltd, Defined Properties Investment Pty Ltd & Wyse and Young International Pty Ltd; Wise & Young Pty Ltd, Defined Properties Investment Pty Ltd & Wyse and Young International Pty Ltd v Kathleen Jeanne Furlong, Gilbert Innes Leishman, Design by Kaka Pty Ltd as trustee for Kathleen Leishman Investment Trust, GIM Investments (ncle) Pty Ltd as trustee for Kathleen Leishman Investment Trust & Kim Magella Leishman; Gilbert Innes Leishman v Defined Properties Investment Pty Ltd, Wise & Young Pty Ltd, Wise & Young International Pty Ltd, George Dimitriou and Bramco Group International Pty Ltd [2016] NSWSC 1839 Hearing dates: 1, 2, 4, 15, 16, 17, 18, 19, 22, 23, 24, 25, 29 August and 13 October, 5 November (Plaintiffs' final written submissions, 6 November (Plaintiffs' further, final written submissions), 15 November (Plaintiffs' final oral submissions), 24 November (Defendants' final submissions), 3 December (Defendants' written submissions), 7 December 2016 (Further final submissions) Decision date: 16 December 2016 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See paragraphs [5], [199], [204], [209], [214], [243], [256], [261], [286]-[287], [299]-[300], [303] Catchwords: EQUITY – interests created by the deposit of money – equitable mortgages – subrogation of a mortgagee's rights – the award of interest in equity – caveatable interests – trusts – creation of a trust – nature and purpose of a trust – mingling of trust funds – misappropriation of trust funds – accessorial liability – quantum meruit
REAL PROPERTY – equitable interests in land – caveats – caveatable interests – removal of caveats
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