King v Adams & Ors [2017] NSWCA 277

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: King v Adams & Ors [2017] NSWCA 277 Hearing dates: 24 August 2017 Decision date: 06 November 2017 Before: Gleeson JA at [1] White JA at [2]; Emmett AJA at [56] Decision: 1. Appeal dismissed.

2. Appellant pay the costs of the first and third to fifteenth respondents. Catchwords: EQUITY – Trusts – winning lottery syndicate arranged by first respondent – whether appellant was a member of the winning syndicate – no error in primary judge's finding that appellant was not a member

EQUITY – Tracing – whether moneys of another syndicate of which appellant was a member were used in purchase of winning ticket – no error in primary judge's finding that the only moneys used were moneys collected from members of the winning syndicate – no question of principle Cases Cited: Brendan Wilfred King v Robert Lawrence Adams and 14 Ors [2016] NSWSC 1798 Byrnes v Kendle (2011) 243 CLR 253; [2011] HCA 26 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Legal Services Board v Gillespie-Jones (2013) 249 CLR 493; [2013] HCA 35 Category: Principal judgment Parties: Brendan Wilfred King (Appellant) Robert Lawrence Adams (1st Respondent) Matthew John Adams (3rd Respondent) Bradley Robert Adams (4th Respondent) Silvestre Gavina Mico (5th Respondent) Peter Andres (6th Respondent) Davendra Singh (7th Respondent) Robert Eric Beaver (8th Respondent ) Sean Cheak (9th Respondent) Peter Salendra Prasad (10th Respondent) Robert Griffiths (11th Respondent) Hassan Hashim (12th Respondent) Phongsavath Sengchangsavang (13th Respondent) Quem Singue Lai (14th Respondent) Viengxay Thattamanivong (15th Respondent) Representation: Counsel: L V Gyles SC with I C McMeniman (Appellant) N C Hutley SC with W A D Edwards (1st; 3rd – 15th Respondents)