PROPERTY - Transfers of property - undue influence - presumed undue influence - parent and child - evidence to rebut presumption - improvidence of transfer - divesting voting control of valuable company - whether explicable by ordinary motives - whether presumption rebutted
PROPERTY - Transfers of property - unconscionable dealing - whether transfer of shares procured by unconscionable dealing - relationship of special disadvantage - youth, inexperience, lack of knowledge, absence of advice, reliance on and trust and confidence in parent - whether defendant knew plaintiff was not in a position to look after his own interests
LACHES - whether plaintiff had relevant knowledge to justify commencement of proceedings
TRUSTS - breach of trust - transfer of shares held on trust
Case Details
Citation[2012] NSWSC 976
CourtNSWSC
JurisdictionNew South Wales
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