Pennimpede v Pennimpede

The appeal concerned a dispute between family members regarding the ownership of certain property. The central question was whether the evidence established the creation of a trust over that property. The matter came before the New South Wales Court of Appeal.

The court was required to determine whether the appellant had successfully demonstrated the existence of a trust in their favour concerning the property in question. This involved an assessment of the evidence presented to ascertain if the necessary elements for the creation of a trust had been met.

The Court of Appeal considered the evidence in light of established principles for the creation of trusts. It found that the evidence did not establish the requisite intention to create a trust, nor did it demonstrate the certainty of subject matter or objects required for a valid trust. The court applied the principles governing the creation of express trusts, focusing on the intention of the settlor and the certainty of the trust property and beneficiaries.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.