Evans v Turner [2005] NSWSC 624

Evans v Turner [2005] NSWSC 624

The dismissal of the plaintiffs' claim was based on the facts that there was no breach of any implied obligation by the lessors, who had a statutory right to seek the Board's opinion on their financial interest, no circumstances of unconscionability to support a constructive trust, and the evidence did not establish that the lessors' conduct prevented the sale of poker machine entitlements.

Jurisdiction
Australia
Judgment Date
28 June 2005
Procedural Posture
Property/equity Dispute / Final Judgment
Outcome
Lessees' claim to relief dismissed with costs
Legal Topics
['poker Machine Entitlements' 'landlord and Tenant' 'constructive Trust' 'lease Obligations']
['property Law' 'equity'] ['poker Machine Entitlements' 'landlord and Tenant' 'constructive Trust' 'lease Obligations']

Case Brief

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Procedural Posture

Property/equity Dispute / Final Judgment

Legal Issues

  1. 1 ['Whether lessors breached an implied term of the lease or trust obligation in refusing to support transfer of poker machine entitlements' 'Whether a constructive or resulting trust arose in favour of the lessees regarding the poker machine entitlements']

Ratio Decidendi

The dismissal of the plaintiffs' claim was based on the facts that there was no breach of any implied obligation by the lessors, who had a statutory right to seek the Board's opinion on their financial interest, no circumstances of unconscionability to support a constructive trust, and the evidence did not establish that the lessors' conduct prevented the sale of poker machine entitlements.

Court Disposition

Lessees' claim to relief dismissed with costs

Orders

  • []