Isin v Ozen [2017] NSWCA 316

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Isin v Ozen [2017] NSWCA 316 Hearing dates: 11 September 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Before: Macfarlan JA at [1]; Leeming JA at [2]; White JA at [3] Decision: Appeal dismissed with costs. Catchwords: EQUITY — Assignment — Of equitable interests — In real property — grant of life estate by deed — whether purported gift of fee simple was complete in equity — whether legal owners had done everything necessary required to be done by them to complete the transfer — whether transferors had relevant intention for appellant to be beneficially entitled to estate in fee simple — grant of life estate inconsistent with intention to gift estate in fee simple — whether legal owners held estate in reversion on trust for appellant — no error in primary judge's findings Legislation Cited: Duties Act 1997 (NSW) s 9 Evidence Act 1995 (NSW) s 144(1)(b) Real Property Act 1900 (NSW) s 36(6)(b)(iii) Cases Cited: Brunker v Perpetual Trustee Co (Ltd) (1937) 57 CLR 555; [1937] HCA 29 Cope v Keene (1968) 118 CLR 1; [1968] HCA 53 Corin v Patton (1990) 169 CLR 540; [1990] HCA 12 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 Category: Principal judgment Parties: Durcan Isin (1st Appellant) Ertunc Yasar Ozen (2nd Appellant) Nur Seda Ozen as Administrator of the Estate of the Late Erdinc Ozen (Respondent) Representation: Counsel: J C Giles SC with R Carey (Appellants) J O'Connor (Respondent)