25 Nov 1996
ADRIENNE MARSH LEFKOWITZ v. GORDON DAVID OLDHAM and Others
- Citation
- ADRIENNE MARSH LEFKOWITZ v. GORDON DAVID OLDHAM and Others
- Court
- Court of First Instance
- Case number
- HCA4573/1993
The plaintiff failed to establish either that Mr Marsh declared himself trustee of the accounts for her or that Mr Li accepted a trust in her favour; annotations in account statements, the delivery of a cheque, letters and other documents were insufficient to show an intention and effective disposition that divested Mr Marsh of beneficial ownership; withdrawals and subsequent conduct were inconsistent with a trust being created; therefore the plaintiff's proprietary claims fail and the accounts remained beneficially Mr Marsh's and passed to the defendants as administrators/executor.