Ciaglia v Ciaglia

[2010] NSWSC 341

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › plaintiff transferred interest in land to deceased for sum described as consideration for transfer
3. › true agreement was a loan and mortgage - whether plaintiff entitled to equity of redemption on repayment of loan
4. › whether executrix held land on constructive trust for plaintiff
1. Equity
2. › plaintiff’s claim under constructive trust not barred by Limitation Act 1969, s 14, s 42 or s 27
3. › defence of laches not made out
4. › purpose of transaction to frustrate enforcement of maintenance orders by family court
5. › insufficient nexus with equity sued for
6. › defence of unclean hands not made out
1. Real Property
2. › EQUITY
3. › whether personal equity exception to indefeasibility applies
4. › deceased held land subject to constructive trust for plaintiff
5. › executrix personally bound by same trust as deceased’s legal representative and under Probate and Administration Act, s 45
6. › executrix lodged notice of transmission claiming entitlement as beneficiary under will
7. › fraud not pleaded - registration of title in executrix does not defeat enforcement of constructive trust