MIODRAG DJORDJEVIC v ALEKSANDAR DJORDJEVIC & ANOR. [1999] NSWSC 1223
The Court found, on the balance of evidence and credibility, that the plaintiff intended to make unconditional gifts of $120,000 to the first defendant (his son) by delivering two cheques, for the purpose of enabling him to purchase a unit and relieve him from financial stress. The gifts were complete, and the plaintiff could not recall them.
- Parties
- Plaintiff: Miodrag Djordjevic; First Defendant: Aleksandar Djordjevic; Second Defendant: Advance Bank Australia Limited
- Jurisdiction
- Australia
- Judgment Date
- 15 December 1999
- Procedural Posture
- Civil / Final Judgment
- Outcome
- proceedings dismissed
- Legal Topics
- Resulting Trust, Presumption of Advancement, Gift, Cheques, Trusts
Case Brief
Summary, issues, holding and outcome
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Parties
Miodrag Djordjevic
Plaintiff
Aleksandar Djordjevic
First Defendant
Advance Bank Australia Limited
Second Defendant
Procedural Posture
Civil / Final Judgment
Legal Issues
- 1 Whether two payments totalling $120,000 from plaintiff to first defendant were gifts or held on trust
- 2 Whether the plaintiff is entitled to recover the $120,000 from the first defendant
Ratio Decidendi
The Court found, on the balance of evidence and credibility, that the plaintiff intended to make unconditional gifts of $120,000 to the first defendant (his son) by delivering two cheques, for the purpose of enabling him to purchase a unit and relieve him from financial stress. The gifts were complete, and the plaintiff could not recall them.
Court Disposition
proceedings dismissed
Orders
- existing injunction dissolved
- plaintiff to pay costs of first and second defendants
Full Case Text
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