Ward v Loumbos

In the matter of *Ward v Loumbos*, the Court of Appeal of New South Wales considered a dispute concerning a deed poll that purportedly evidenced an immediate gift. The appellant, Ms Ward, sought to overturn a primary judge's finding that the donor had not intended an immediate gift.

The central legal issues before the Court of Appeal were whether the deed poll had been executed in escrow, whether the gift was subject to a condition precedent that a marriage take place, and consequently, whether the primary judge had erred in concluding that the donor did not intend an immediate gift.

The Court of Appeal found that the primary judge had made an error in his findings regarding the donor's intention. The Court reasoned that the deed poll, on its face, indicated an immediate gift and that the evidence did not sufficiently support the conclusion that it was intended to be held in escrow or subject to a condition precedent of marriage. Accordingly, the appeal was allowed, the primary judge's orders were set aside, and a new trial was ordered concerning the deed poll and the Lilyfield Property. The costs of the proceedings before the primary judge were to be determined at the new trial, and the respondent was ordered to pay the appellant's costs of the appeal.