BONIEL v CAMILLERI & ANOR [1999] NSWCA 362

BONIEL v CAMILLERI & ANOR [1999] NSWCA 362

There was no direct evidence, written or oral, of the arrangement alleged by the appellant, and the payments made were not established as being in connection with the contemplated acquisition of a share in the land. As such, no trust or obligation arose on the part of the respondents.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
28 September 1999
Procedural Posture
Appeal / Decision
Outcome
appeal dismissed with costs
Legal Topics
['trusts' 'oral Agreements' 'transfer of Property']
['property'] ['trusts' 'oral Agreements' 'transfer of Property']

Source-derived case record

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Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 ['Whether an oral agreement giving rise to a trust existed regarding the transfer of a share in land' 'Whether sums totaling $45,000 were paid as part of the arrangement for transfer of property']

Ratio Decidendi

There was no direct evidence, written or oral, of the arrangement alleged by the appellant, and the payments made were not established as being in connection with the contemplated acquisition of a share in the land. As such, no trust or obligation arose on the part of the respondents.

Court Disposition

appeal dismissed with costs

Orders

  • ['appeal dismissed with costs']