TRUST - implied constructive and resulting trusts - plaintiffs (mother and sister of defendant) claimed on several bases that trusts, not evidenced in writing, and an equitable mortgage by deposit of deeds, arose from conversations at various times from 1988 to 2003 over home of which defendant is registered proprietor: on consideration of evidence in detail of numerous events, these claims failed on the facts.
LIMITATION OF ACTIONS - consideration of standing of defendant's affidavit as acknowledgement and confirmation under s54 of Limitations Act 1969 - as the affidavit was made after expiry of 12 year limitation on claim for conversion of trust money it was not available as acknowledgement - expression of doubt whether affidavit evidence can be an acknowledgment.
Case Details
Citation[2010] NSWSC 1216
CourtNSWSC
JurisdictionNew South Wales
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