Pennimpede v Pennimpede [2010] NSWCA 121
The arrangement was no more than a family understanding that Gerard and Rita would reconvey Vito's share if he restored their position, and did not manifest an intention to create a trust. The trial judge's findings that no trust was created were justified; even if an agreement to reconvey existed, any right to enforce it had expired and the formal statutory requirements were not met.
- Parties
- Appellant: Vito Pennimpede; First Respondent: Gerard Pennimpede; Second Respondent: Rita Pennimpede; Third Respondent: Pasquale Pennimpede
- Jurisdiction
- Australia
- Judgment Date
- 21 May 2010
- Procedural Posture
- Civil Appeal / Appeal From Supreme Court Equity Division
- Outcome
- Appeal dismissed with costs
- Legal Topics
- Transfer of Property Between Family Members, Creation of Trust, Beneficial Ownership
Case Brief
Summary, issues, holding and outcome
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Parties
Vito Pennimpede
Appellant
Gerard Pennimpede
First Respondent
Rita Pennimpede
Second Respondent
Pasquale Pennimpede
Third Respondent
Procedural Posture
Civil Appeal / Appeal From Supreme Court Equity Division
Legal Issues
- 1 Whether evidence established creation of a trust over transferred property
Ratio Decidendi
The arrangement was no more than a family understanding that Gerard and Rita would reconvey Vito's share if he restored their position, and did not manifest an intention to create a trust. The trial judge's findings that no trust was created were justified; even if an agreement to reconvey existed, any right to enforce it had expired and the formal statutory requirements were not met.
Court Disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
Full Case Text
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