DANSWAN V. DANSWAN
In the absence of any agreement as to precise shares and given the nature of contributions and use for common benefit, the balance in the joint account should be held to belong to husband and wife equally.
- Parties
- Appellant: Danswan; Respondent: Danswan
- Jurisdiction
- Australia
- Judgment Date
- 24 November 1948
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Joint Bank Accounts, Matrimonial Property, Husband and Wife, Title to Monies
Case Brief
Summary, issues, holding and outcome
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Parties
Danswan
Appellant
Danswan
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Entitlement to balance of joint bank account between husband and wife
- 2 Effect of contributions to matrimonial account on ownership
- 3 Division of property upon separation
Ratio Decidendi
In the absence of any agreement as to precise shares and given the nature of contributions and use for common benefit, the balance in the joint account should be held to belong to husband and wife equally.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
- Balance in the account held to belong to husband and wife equally.
Full Case Text
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