Edwards v Edwards

In the case of Edwards v Edwards, the dispute centred around the ownership of three properties held in joint tenancy between the defendant and the deceased. The deceased was murdered by the defendant. The court was tasked with determining whether the defendant, having been convicted of the murder, was entitled to inherit the properties or if the public policy rule against a murderer profiting from their crime applied, thereby resulting in forfeiture of the defendant's interest. The court had to interpret and apply the relevant statutory provisions, specifically section 66G of the Conveyancing Act 1919 (NSW), to resolve the ownership dispute.

The primary legal issue before the court was whether the public policy rule against a murderer profiting from their crime applied in this instance, leading to the forfeiture of the defendant's interest in the jointly held properties. The court needed to determine if the defendant's conviction for the murder of the deceased resulted in the automatic forfeiture of their interest in the properties, as per the established common law principles. Furthermore, the court had to consider the statutory framework provided by section 66G of the Conveyancing Act 1919 (NSW) and its application to the facts of the case.

In its decision, the court found that the public policy rule against a murderer profiting from their crime did indeed apply, resulting in the forfeiture of the defendant's interest in the jointly held properties. The court emphasised that this rule is a fundamental principle of equity and public policy, designed to prevent a murderer from benefiting from their criminal act. The court also noted that the statutory provisions under section 66G of the Conveyancing Act 1919 (NSW) provided a clear mechanism for the appointment of trustees to sell the properties and distribute the proceeds in accordance with the law. Accordingly, the court ordered that trustees be appointed to sell the properties and distribute the proceeds according to the statutory requirements.

The final orders of the court were that the defendant's interest in the jointly held properties was forfeited due to their conviction for the murder of the deceased. Trustees were appointed to sell the properties and distribute the proceeds in accordance with the provisions of section 66G of the Conveyancing Act 1919 (NSW). The court's decision underscored the importance of the public policy rule against a murderer profiting from their crime and the role of statutory provisions in facilitating the resolution of such disputes.