Neilson v. Letch [2005] NSWCA 430

Neilson v. Letch [2005] NSWCA 430

There are arguable errors in the master's failure to address whether the presumption of resulting trust was rebutted and failure to account for funds previously advanced by the claimant, justifying a grant of leave to appeal in the interests of justice.

Parties
Claimant: Mary Ann Neilson; Opponent: Darryl Richard Letch
Jurisdiction
Australia
Judgment Date
06 December 2005
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From a Decision of the Supreme Court Equity Division
Outcome
Leave to appeal granted.
Legal Topics
Co Ownership, Presumption of Resulting Trust, Equitable Accounting
Real Property Equity Co Ownership Presumption of Resulting Trust Equitable Accounting

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Parties

Mary Ann Neilson

Claimant

Darryl Richard Letch

Opponent

Procedural Posture

Application for Leave to Appeal / Leave to Appeal From a Decision of the Supreme Court Equity Division

Legal Issues

  1. 1 Whether the presumption of resulting trust was rebutted in relation to jointly held property
  2. 2 Whether the master's treatment of past contributions and outgoings in accounting was correct
  3. 3 Whether the master's decision to exclude certain prior advances from the claimant was erroneous

Ratio Decidendi

There are arguable errors in the master's failure to address whether the presumption of resulting trust was rebutted and failure to account for funds previously advanced by the claimant, justifying a grant of leave to appeal in the interests of justice.

Court Disposition

Leave to appeal granted.

Orders

  • Leave to appeal granted.
  • Notice of Appeal to be filed within 14 days.