Feeney v Feeney

[2008] NSWSC 890

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Trusts
2. › termination of trust
3. › rule in Saunders v Vautier
4. › property vested in interest but not in possession
5. › interest was divested if beneficiary pre-deceased the resident for life
6. › contingent beneficiaries not party to the deed
7. › deed not effective to terminate trust
1. Wills
2. › construction and effect
3. › acceleration of interests
4. › surrender of right of residence
5. › whether interests of beneficiaries accelerated
1. Remedies
2. › equitable remedies
3. › rectification
4. › common intention and/or antecedent oral agreement
5. › plaintiff and defendants had different intentions when executing deed
6. › no clear and convincing proof
1. Remedies
2. › equitable remedies
3. › discretionary defences
4. › mistake and hardship
5. › plaintiff did not contribute to the mistake
6. › any hardship would not amount to injustice