Tawil v Public Trustee of NSW

The case of Tawil v Public Trustee of NSW involved the plaintiff, Tawil, seeking a declaration that they were the owner of funds previously belonging to the deceased. The Public Trustee of New South Wales was the defendant. The dispute arose from the deceased's alleged intention to transfer ownership of certain funds to Tawil before their death. The case was heard in the Supreme Court of New South Wales.

The primary legal issues that the court had to address were whether the plaintiff's claim was barred by the previous dismissal of similar proceedings, and whether the deceased's actions constituted a valid donatio mortis causa. The court also considered whether the bank statements provided were sufficient indicia of title to establish the transfer of ownership, and whether indemnity costs should be awarded.

The court held that the plaintiff's claim was barred by res judicata, as the matter had been previously adjudicated on its merits in the absence of a contradictor. The court found that a donatio mortis causa requires the delivery of the subject matter of the gift, or the means or part of the means of getting at the property, or the essential indicia of title. The court determined that the bank statements provided were not sufficient indicia of title to establish the transfer of ownership. Finally, the court awarded indemnity costs against the plaintiff.

The court's final orders were that the plaintiff's claim was dismissed and that the plaintiff was to pay the defendant's costs of the proceeding.