Recent Cases

Michel Fahmy Aziz Guirguis (by his tutor Laila Guirguis) v Oliga Aziz Girgis [2021] NSWCA 156 (30 July 2021) (Macfarlan JA at [1]; White JA at [2]; Emmett AJA at [68])


EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts — Where appellant purchased properties in the name of the respondent pursuant to a power of attorney — Whether appellant contributed to the purchase price — Whether appellant manifested an intention inconsistent with beneficial ownership of properties — Where appellant provided to the respondent a will to sign which clearly acknowledged her ownership of the properties — Where appellant submitted tax returns on behalf of the respondent which were not trustee returns