OLIVIERI v OLIVIERI [1996] NSWCA 410

OLIVIERI v OLIVIERI [1996] NSWCA 410

The appellant bore the onus of proof for establishing a resulting trust but failed as the trial judge did not believe his uncorroborated oral evidence, and there was corroborated evidence supporting the respondents’ case. Appellate intervention would not be justified as the findings below were not inconsistent with...

Source-derived case information.

Parties
Appellant: Italiano Olivieri; Respondent: Roberto Olivieri; Respondent: Giovanni Olivieri
Jurisdiction
Australia
Judgment Date
15 February 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Resulting Trust, Credibility of Witness, Findings of Fact on Appeal
Equity Resulting Trust Credibility of Witness Findings of Fact on Appeal

Source-derived case record

Summary, issues, holding and outcome

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Parties

Italiano Olivieri

Appellant

Roberto Olivieri

Respondent

Giovanni Olivieri

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether a resulting trust existed in favour of the appellant regarding Lochinvar land
  2. 2 Whether appellate court should interfere with trial judge's finding on credibility

Ratio Decidendi

The appellant bore the onus of proof for establishing a resulting trust but failed as the trial judge did not believe his uncorroborated oral evidence, and there was corroborated evidence supporting the respondents’ case. Appellate intervention would not be justified as the findings below were not inconsistent with incontrovertible facts nor based on glaringly improbable evidence.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs