Zetting v Müller [2017] NSWSC 659

Zetting v Müller [2017] NSWSC 659

The evidence established that Ms Müller held her interest in the property as trustee for Mr Zetting under a resulting trust arising from the circumstances at acquisition and payment of costs, and that the Court may properly make a declaration and vesting order despite consent, as there was initially a proper...

Source-derived case information.

Parties
Plaintiff: Herbert Zetting; Defendant: Aloisia Müller; Defendant (representing Estate of Aloisia Müller): Karlheinz Morré
Jurisdiction
Australia
Judgment Date
30 May 2017
Procedural Posture
Equity Proceedings Declaration and Vesting Order / Final Judgment
Outcome
Declaration and vesting order made; no order as to costs.
Legal Topics
Equitable Remedies, Resulting Trust, Declaration, Proper Contradictor, Vesting Order
Equity Equitable Remedies Resulting Trust Declaration Proper Contradictor Vesting Order

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Parties

Herbert Zetting

Plaintiff

Aloisia Müller

Defendant

Karlheinz Morré

Defendant (representing Estate of Aloisia Müller)

Procedural Posture

Equity Proceedings Declaration and Vesting Order / Final Judgment

Legal Issues

  1. 1 Whether Ms Müller held her interest in the Connells Point property on trust for Mr Zetting under a resulting trust
  2. 2 Whether the court should make a declaration by consent where the contradictor no longer opposes
  3. 3 Whether a vesting order should be made to give effect to the declaration

Ratio Decidendi

The evidence established that Ms Müller held her interest in the property as trustee for Mr Zetting under a resulting trust arising from the circumstances at acquisition and payment of costs, and that the Court may properly make a declaration and vesting order despite consent, as there was initially a proper contradictor.

Court Disposition

Declaration and vesting order made; no order as to costs.

Orders

  • Pursuant to UCPR r 7.10(2)(b) Karlheinz Morré be appointed to represent the estate of the deceased defendant, and be joined to the proceedings as defendant in substitution for Aloisia Müller.
  • Declare that the deceased held her interest in the property at 40 Duggan Crescent, Connells Point, Lot 33 in Deposited Plan 238406, on trust for the plaintiff.