Chetwynd & Ors v Rose

• 1. Equity
  2. › Trusts and trustees
  3. › Express trusts
  4. › Declaration of trust
  5. › Whether conversation 23 years before hearing established trust for sole benefit of co-owners
  6. › Whether evidence inconsistent with later documentary admissions
  7. › Credibility findings on appeal
• 1. Land Law
  2. › Co-ownership
  3. › Rights between co-owners
  4. › Account between beneficial co-owners
  5. › Whether accounting entries for purported rent reflected genuine landlord-tenant relationship or tax minimisation device
  6. › Whether beneficial co-owners entitled to adjustment for fictitious rent debited to loan accounts
• 1. Land Law
  2. › Co-ownership
  3. › Rights between co-owners
  4. › Adjustment of sale proceeds under s 66G
  5. › Whether registered proprietor entitled to indemnity from co-owners for vendor finance debited to her loan account
  6. › Whether payments funded from co-owned rental income or company trading operations
  7. › Conveyancing Act 1919 (NSW), s 66G
• 1. Appeal
  2. › Standard of appellate review
  3. › Findings of fact
  4. › Credibility findings
  5. › Whether appellate court may interfere with trial judge's rejection of witness evidence
  6. › Fox v Percy (2003) 214 CLR 118

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