Boniel v Camilleri

The appeal concerned a dispute between Boniel and Camilleri regarding the ownership of property. The central issue was whether an oral agreement had created a trust over the property in favour of one of the parties. The matter was heard in the Court of Appeal of New South Wales.

The court was required to determine whether the evidence presented established the existence of a trust arising from an oral agreement concerning the property. Specifically, the court had to assess if the alleged oral agreement was sufficiently clear and unequivocal to give rise to a proprietary interest in the form of a trust.

The Court of Appeal found that there was no evidence to support the existence of an oral agreement that would give rise to a trust. The judges concluded that the necessary elements for the creation of a trust were not established on the facts before them. Consequently, the appeal was dismissed with costs.