NSW Caselaw
Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Dyamond Developments Pty Limited v Puddick [2020] NSWCA 32 Hearing dates: 29 November 2019 Date of orders: 06 March 2020 Decision date: 06 March 2020 Before: Bathurst CJ at [1]; Macfarlan JA at [2]; Emmett AJA at [3] Decision: Appeal dismissed with costs. Catchwords: APPEAL — whether primary judge failed to properly consider all objective evidence
EQUITY — Trusts and trustees — Resulting trusts — Quistclose trusts — Obligation to return monies when purpose for which trust was set up has failed Category: Principal judgment Parties: Dyamond Developments Pty Limited (First Appellant) George Hatzipapas (Second Appellant) Gaks Investment Holdings Pty Ltd (Third Appellant) John Puddick (First Respondent) Justin Puddick (Second Respondent) Representation: Counsel:
M Klooster (Appellants) E Peden SC with T Bateman (Respondents)
Solicitors:
JT Law Pty Ltd t/as Tomaras Lawyers (Appellants) O'Loughlin Westhoff (Respondents) File Number(s): 2019/193459 Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Citation: [2019] NSWSC 431 Date of Decision: 18 April 2019 Before: Robb J File Number(s): 2018/185865
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