GIFTS - gifts inter vivos - gifts made under power of attorney - construction of s 163B of the Conveyancing Act 1919 - whether donee of power of attorney able to make gift to self - fiduciary obligations of attorney - meaning of attorney acting "on behalf of" donor of power - relationship between scope of attorney's authority and whether acts constitute a breach of attorney's obligations
GIFTS - gifts inter vivos - capacity of donor to make gift - effect of lack of capacity to make gift where donee unaware of lack of capacity
EQUITY - trusts and trustees - presumption of resulting trust where co-owners of property contribute to purchase price in proportions different from that in which legal title held - rebuttal of presumption
BANKING AND FINANCE - instruments - cheques - conversion of cheque
Case Details
Citation[2013] NSWSC 400
CourtNSWSC
JurisdictionNew South Wales
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