Duong v Duong [2018] NSWSC 1696

Duong v Duong [2018] NSWSC 1696

The evidence was not sufficient to rebut the presumption of advancement; the mother intended at the time of purchase that the defendant have a beneficial interest in the property as joint tenant; the plaintiff failed to establish otherwise.

Jurisdiction
Australia
Judgment Date
09 November 2018
Procedural Posture
Equity / Principal Judgment
Outcome
Summons dismissed
Legal Topics
['presumption of Advancement' 'joint Tenancy' 'beneficial Interest' 'deceased Estate']
['equity'] ['presumption of Advancement' 'joint Tenancy' 'beneficial Interest' 'deceased Estate']

Case Brief

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Procedural Posture

Equity / Principal Judgment

Legal Issues

  1. 1 ['Whether the presumption of advancement in favour of the defendant can be rebutted' 'Whether the mother intended the defendant to have a beneficial interest in the property' 'Whether the defendant was a mere nominee for the mother']

Ratio Decidendi

The evidence was not sufficient to rebut the presumption of advancement; the mother intended at the time of purchase that the defendant have a beneficial interest in the property as joint tenant; the plaintiff failed to establish otherwise.

Court Disposition

Summons dismissed

Orders

  • ['Summons dismissed.' "Plaintiff to pay defendant's costs."]