Recent Cases

Turner v O’Bryan-Turner [2022] NSWCA 23 (24 February 2022) (Meagher, White and McCallum JJA)


EQUITY — Trusts and trustees — Constructive trusts — Rule in Barnes v Addy — Whether the in personam exception to indefeasibility applies to the first and second limb of Barnes v Addy

EQUITY – Breach of fiduciary duty – where fiduciary held interest transferred to herself on constructive trust for principal – assessment of equitable compensation where fiduciary transferred assets to herself and sons for no consideration

LAND LAW — Torrens title — Exceptions to indefeasibility — Rights in personam