DIMURA v PUBLIC TRUSTEE [1996] NSWCA 155

DIMURA v PUBLIC TRUSTEE [1996] NSWCA 155

The claimant failed to establish a binding oral contract to leave property by will, lacked sufficient acts of part performance to override the statutory requirement of writing under s 54A of the Conveyancing Act, and failed to show any real prospect of success on appeal, justifying refusal of an extension of time.

Parties
Claimant: Guglielmo Dimura; Opponent: Public Trustee
Jurisdiction
Australia
Judgment Date
21 October 1996
Procedural Posture
Appeal / Application for Extension of Time to Appeal
Outcome
notice of motion dismissed
Legal Topics
Specific Performance, Oral Contracts, Wills and Estates, Procedure – Extension of Time, Part Performance
Equity Succession Contract Law Specific Performance Oral Contracts Wills and Estates Procedure – Extension of Time Part Performance

Case Brief

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Parties

Guglielmo Dimura

Claimant

Public Trustee

Opponent

Procedural Posture

Appeal / Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether extension of time to appeal should be granted
  2. 2 Whether an oral contract to leave property by will is enforceable
  3. 3 Whether acts of part performance were sufficient to bypass absence of writing

Ratio Decidendi

The claimant failed to establish a binding oral contract to leave property by will, lacked sufficient acts of part performance to override the statutory requirement of writing under s 54A of the Conveyancing Act, and failed to show any real prospect of success on appeal, justifying refusal of an extension of time.

Court Disposition

notice of motion dismissed

Orders

  • Notice of motion dismissed with costs