Priestley v Priestley (No 2) [2017] NSWCA 212

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Priestley v Priestley (No 2) [2017] NSWCA 212 Hearing dates: On the papers Decision date: 23 August 2017 Before: McColl JA, Macfarlan JA, Emmett AJA Decision: (1) Appeal allowed.

(2) Judgment and orders made in the Equity Division on 15 August 2016 and 25 August 2016 be set aside.

(3) In lieu thereof: (a) Declare that the defendant holds the right, title and interest of the late Gordon Priestley (deceased) in the whole of the land comprised in Lots 10 and 30 in DP751545, Lot 6 in DP751574 and Lot 10 in DP751574 (Salt Glen) and in water access licence no. WAL34421 (water licence) on trust for the plaintiff absolutely; (b) Order that the defendant transfer to the plaintiff the whole of the land comprising Salt Glen, by delivering to the plaintiff's solicitor an executed Transfer in registrable form and the Certificates of Title, within 7 days of the making of this order; (c) Order that the defendant transfer to the plaintiff the deceased's share in the water licence, by delivering to the plaintiff's solicitors the documents necessary to effect such a transfer on the water access licence register, within 7 days of the entry of this order; and (d) Order that the defendant pay the plaintiff's costs of the proceedings.

(4) Order that the appellant have possession of Salt Glen forthwith upon registration of the Transfer referred to in order 3(b) hereof.

(5) Grant leave to the appellant to issue a writ of possession for Salt Glen 14 days after registration of the said Transfer.