Crichton v Crichton [1930] HCA 14

Crichton v Crichton [1930] HCA 14

The Court held that, as to the wife, the cumulative effect of the appellant's intention, acts, and words, including the execution of documents, the transfer of the right to the bonds into her name, instructions for payment of interest to her account, and his conduct, amounted to a perfected gift or, alternatively, a declaration of trust in her favour. As to the son, the Court found that the cumulative acts, including the purchase and direction regarding bonds, handling by the Master's office, and subsequent confirmation and waiver by the appellant, amounted to the son receiving the beneficial interest in the bonds. The presumption of advancement applied and was not rebutted; the acts of...

Parties
Plaintiff/appellant: William Francis Crichton; Defendant/respondent (wife): Penelope Crichton; Defendant/respondent (son): John Burns Crichton; Defendant/respondent: Commonwealth Bank of Australia
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
Appeal dismissed, respondents confirmed as beneficial owners.
Legal Topics
Gifts Inter Vivos, Trusts, Advancement, Delivery and Completion of Gifts, Declaration of Trust, Presumption of Advancement, Release and Waiver of Equitable Interests, Lunacy Act Application
Equity Trusts Family Law Gifts Inter Vivos Advancement Delivery and Completion of Gifts Declaration of Trust Presumption of Advancement +2 more

Case Brief

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Parties

William Francis Crichton

Plaintiff/appellant

Penelope Crichton

Defendant/respondent (wife)

John Burns Crichton

Defendant/respondent (son)

Commonwealth Bank of Australia

Defendant/respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the appellant made a perfected gift or declared a trust in bonds to his wife and son.
  2. 2 Whether the wife and son are beneficially entitled to Commonwealth bonds originally held by the appellant.
  3. 3 Whether subsequent acts and documents perfected an otherwise incomplete gift to the son or wife.

Ratio Decidendi

The Court held that, as to the wife, the cumulative effect of the appellant's intention, acts, and words, including the execution of documents, the transfer of the right to the bonds into her name, instructions for payment of interest to her account, and his conduct, amounted to a perfected gift or, alternatively, a declaration of trust in her favour. As to the son, the Court found that the cumulative acts, including the purchase and direction regarding bonds, handling by the Master's office, and subsequent confirmation and waiver by the appellant, amounted to the son receiving the beneficial interest in the bonds. The presumption of advancement applied and was not rebutted; the acts of...

Court Disposition

Appeal dismissed, respondents confirmed as beneficial owners.

Orders

  • Appeal dismissed with costs. Costs to be paid by the appellant, including those of the Commonwealth Bank of Australia.