CRC Gosford Pty Ltd & Anor v Columbus Investment Services Ltd as Trustee for the Gosford Ownership Trust and the Gosford Landholding Trust & Anor

[2020] NSWSC 1153

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. EVIDENCE - burden of proof, presumptions, and weight and sufficiency of evidence
2. › onus of proof
3. › failure of SIF to call any witnesses concerning its claim that CIS paid excess amounts to CRC and loaned money to CRC
4. › implications of failure to call witnesses
5. › HELD: SIF bore the onus of proof which it has failed to discharge and further the implication was that evidence of such witnesses could give would not have assisted SIF’s case.
1. Equity
2. › Trusts and trustees
3. › Trust instruments
4. › Construction of cl 7 of the GLT Indemnity - whether the clause excluded the subrogation claim or whether it is ambiguous and should be read down
5. › HELD: cl 7, of and by itself, excluded a claim for subrogation by GLT and was not ambiguous and should not be read down.