Trapp v Powell

The plaintiff, Trapp, sought summary judgment against the defendant, Powell, in relation to a dispute over a will. The defendant had been given a property interest by the deceased, but the plaintiff claimed that the gift was invalid and that the defendant had occupied the property without right, thereby owing mesne profits. The case was heard in the Supreme Court of Queensland.

The court was required to decide whether the defendant's defence was valid and whether the plaintiff was entitled to summary judgment. The court needed to consider the validity of the gift and whether the defendant had a right to occupy the property. The court also needed to determine whether the plaintiff was entitled to mesne profits.

The court found that the gift made to the defendant was invalid and that the defendant had no right to occupy the property. The court held that the plaintiff was entitled to summary judgment and that the defendant was liable for mesne profits. The court found that the defendant's defence was without merit and that the plaintiff was entitled to the relief sought. The court ordered that the defendant pay the plaintiff the sum of $50,000 in mesne profits.