Neilson v Letch

The case of *Neilson v Letch* concerned a dispute between co-owners of real property. The primary issue revolved around whether a presumption of a resulting trust had been rebutted, and whether there were arguable errors in the equitable accounting of the property that would justify granting leave to appeal. The matter was heard by Hodgson and Ipp JJA in the Court of Appeal of New South Wales.

The legal issues before the Court of Appeal were whether the primary judge had erred in finding that the presumption of a resulting trust was rebutted, and whether there were arguable errors in the equitable accounting conducted at first instance. These questions were central to determining whether the appeal should be permitted to proceed.

The Court of Appeal granted leave to appeal, indicating that there were arguable grounds for challenging the primary judge's decision. The court ordered that the Notice of Appeal be filed within 14 days. Furthermore, the claimant was ordered to pay the costs thrown away due to the unavailability of proper material at the leave application hearing, with these costs to be borne by the claimant's solicitor. All other costs associated with the leave application were to be costs in the appeal.