Wright v Gibbons [1949] HCA 3
The registration of the memorandum of transfer dated 6 December 1945, by which Olinda Gibbons and Ethel Rose Gibbons cross-transferred their shares in the land under the Real Property Act to each other as tenants in common with the plaintiff, severed the joint tenancy among the three parties and created a tenancy in common, each holding a one-third share.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Judgment on Point of Law Before Trial
- Outcome
- Appeals allowed with costs.
- Legal Topics
- ['joint Tenancy' 'severance of Joint Tenancy' 'torrens Title' 'transfer of Land' 'tenancy in Common']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Judgment on Point of Law Before Trial
Legal Issues
- 1 ['Whether joint tenancy under the Real Property Act 1862-1935 (Tas) was severed by the making and registration of a mutual memorandum of transfer between two of three joint tenants.']
Ratio Decidendi
The registration of the memorandum of transfer dated 6 December 1945, by which Olinda Gibbons and Ethel Rose Gibbons cross-transferred their shares in the land under the Real Property Act to each other as tenants in common with the plaintiff, severed the joint tenancy among the three parties and created a tenancy in common, each holding a one-third share.
Court Disposition
Appeals allowed with costs.
Orders
- ['Order of Supreme Court as to land under the Real Property Act discharged.' 'Declaration that the joint tenancy between Olinda Gibbons, Ethel Rose Gibbons and the plaintiff was severed by reason of the making and registration of memorandum of transfer dated 6 December 1945, registered number 109689.']
Full Case Text
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