Dalati v Brown

[2020] NSWCA 322

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Leave to appeal
3. › Amount at issue less than $100,000
4. › Whether proposed appeal raises issue of principle or question of public importance
5. › Whether findings of fact based on credibility assessment warrant grant of leave
6. › Supreme Court Act 1970 (NSW), s 101(2)(r)
1. Equity
2. › Trusts
3. › Constructive trust
4. › De facto relationship
5. › Common intention or joint endeavour
6. › Whether payments characterised as gifts preclude constructive trust claim

Quick Take

This case confirms that leave to appeal under s 101(2)(r) of the Supreme Court Act 1970 (NSW) will be refused where the proposed appeal turns on findings of fact based on credibility assessments and raises no issue of principle or public importance.

Case Details

Citation[2020] NSWCA 322

CourtNSWCA

JurisdictionNew South Wales

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Relies on2

2020Mouin Junior Dalati v Shereen Rifat BrownNSWSC 783
2012Be Financial Pty Ltd as Trustee for Be Financial Operations Trust v DasNSWCA 164
McCulloch v Fern and AnorNSWSC 406

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