Napier v Public Trustee (Western Australia)

32 ALR 153
1980 - 1111A - HCA

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Between: Napier
And: Public Trustee (Western Australia)

Court:

Judges: Gibbs ACJ
Mason J
Murphy J
Aickin J
Wilson J

Subject References:
Trusts
Resulting trust
Family law
De facto relationship

Hearing date: Perth, 18 September 1980
Judgment date: 11 November 1980

Canberra

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ORDER

Appeal allowed with costs.

Order of the Full Court of the Supreme Court of Western Australia set aside, and in lieu thereof order:-

(1)

that the appeal to that court be allowed with costs to be taxed; and

(2)

that the order of Burt CJ be set aside, and that in lieu thereof it be ordered that the defendant do transfer to the plaintiff an estate in fee simple in all that piece of land being portion of Canning Location 31 and being Lot 5 on Diagram 14944 and being the whole of the land comprised in Certificate of Title Volume 1125 Folio 108 and that the defendant pay the plaintiff's costs of the action to be taxed.