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Gissing v Gissing

Gissing v Gissing

Case [1970] UKHL 3

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Case: [1970] UKHL 3
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Most Recent Citation

Abigroup Contractors Pty Ltd v Transfield Pty Ltd [1998] VSC 103

Cases Citing This Decision

19

Thousand Hills Pty Ltd v LBA Capital Pty Ltd [2025] VSCA 115
Citation 1 (Para 7)

…3] [13] Equuscorp Pty Ltd v Glengallan Investments Pty Ltd (2004) 218 CLR 471, 483 [34] (Gleeson CJ, McHugh, Kirby, Hayne and Callinan JJ) citing Gissing v Gissing (1971) AC 886, 906 (Lord Diplock) and Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, 502 (Lord Diplock).…
Abdi v Abdi [2022] NSWSC 423
Citation 2

…4 [2019] NSWSC 429 Elddin v Hamed (No 2) [2015] NSWSC 654 Fowkes v Pascoe (1875) LR 10 Ch App 343 Gissing v Gissing [1971] AC 886; [1970] UKHL 3 Grant v Edwards [1986] Ch 638; [1986] 2 All ER 426 Great Investments Ltd and Others v Warner and Others (2016) 243 FCR 516; [2016] FCAFC 85 Green v Green (1989) 17 NSW…
Volodin and Secretary, Attorney-General's Department [2021] AATA 1434
Citation 3

…yment with one employer and commencement of employment with another, albeit related, employer. As was observed by Lord Diplock in Gissing v Gissing [1970] UKHL 3; [1971] AC 886 ("Gissing") at 906: "the relevant intention of each party is the intention which was reasonably understood by the other party to be mani…
Dencio v Dencio in her capacity as Administrator of the Estate of the late Brian Gordon Dencio, Deceased [2020] ACTSC 250
Citation 4

…avour; there would be at best a mere ‘voluntary declaration of trust’ which would be ‘unenforceable for want of writing’; per Lord Diplock in Gissing v Gissing (1971) AC 886, 905. If however, it was part of the bargain between the parties, express or to be implied, that the plaintiff should contribute her labour towards th…
Atuk and Atuk and Anor [2016] FamCA 179
Citation 5 (Para 3)

…540, [15] per White J; as to (4)(c) and (6): Cummins (supra) 65; Neilson v Letch (No 2) [2006] NSWCA 254 [28] per Mason P; Gissing v Gissing [1970] UKHL 3; [1971] AC 886, at 906; Calverley v Green (supra) at 261; as to (7)(a): Ryan v Dries [2002] NSWCA 3, at [52]-[53]; as to (7)(b), (c) and (d): Calverley v Gre…
Diploma Construction (WA) Pty Ltd v Best Bar Pty Ltd [No 2] [2015] WASC 230
Citation 6 (Para 3)

…Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 at 548-50 (Gleeson CJ) and his Honour's reference to Gissing v Gissing [1970] UKHL 3; [1971] AC 886; see also Cheshire & Fifoot's Law of Contract (9th ed, LexisNexis, 2008) at [3.5] and [3.9] Where mutual promises are sought to be infer…
Commonwealth Bank of Australia v Starrs [2012] SASC 222
Citation 7 (Para 11)

…LR 422. [51] Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540, 549 per Gleeson CJ. [52] Gissing v Gissing [1970] UKHL 3; [1971] AC 886, 906 per Lord Diplock; Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, 502 per Lord Diplock. Conclusion as to the defendants’…
Westpac Banking Corporation v Chadha [2012] SASC 223
Citation 8 (Para 22)

…LR 422. [29] Australian Broadcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540, 549 per Gleeson CJ. [30] Gissing v Gissing [1970] UKHL 3; [1971] AC 886, 906 per Lord Diplock; Ashington Piggeries Ltd v Christopher Hill Ltd [1972] AC 441, 502 per Lord Diplock.…
Yeldel and Baker and Ors (SSAT Appeal) [2009] FMCAfam 977
Citation 9 (Para 6)

…In Gissing v Gissing [1970] UKHL 3; [1971] AC 886; [1970] 2 All ER 780; [1970] 3 WLR 255 the House of Lords said: As in so many branches of English law in which legal rights and obligations depend upon the intentions of the parties to a transaction, the relevant intention of each party is the intention which was…
Waller v Davies HC Auckland Civ-2003-404-6843 [2005] NZHC 1236
Citation 10

…Alternatively expressed, a constructive trust is created ( Gissing v Gissing (1971) AC 886 at 905 per Lord Diplock):…
Penzikis v Brown [2005] NSWSC 215
Citation 11

…he quantification of the extent of the beneficial interest was never considered by the parties and cannot be precisely determined on the evidence. In Gissing v Gissing (1986) Ch 638 Lord Diplock said at p 657:…
Gamvrogiannis v Blackshaw [2000] NSWSC 314
Citation 12

…t 548; Pagnan SpA v Feed Products Ltd (1987) 2 Lloyd's Rep 601 at 619; IRC v Raphael (1935) AC 96 at 142; Masters v Cameron (1954) 92 CLR 353 at 362; Gissing v Gissing (1971) AC 886 at 906; Ashington Piggeries Ltd v Christopher Hill Ltd (1972) AC 441 at 502; Blackburn Developments No 19 P/L v Downsearch (1974) 2 BPR 9141;…
Corin v Patton [1990] HCA 12
Citation 13

…4. The traditional law relating to severance has, at least since Blackstone, commonly been seen as deducible from the four unities - time, possession, title and interest - which are hallmark inhabitants of the institution of joint tenancy. Where all four unities are present in a multiple holding of …
Muschinski v Dodds [1985] HCA 78
Citation 14

…11. Mr Bennett submitted that he did not need to rely on any breach of faith on the part of the respondent - it was not necessary for him to attempt to establish that the respondent intended, when he made the promises, not to keep them. He urged us to take the broad view and to accept that it is a g…
Calverley v Green [1984] HCA 81
Citation 15

…14. It should be added that the evidence does not raise for consideration the question whether any further trust arose in favour of the respondent under the principles discussed in Pettitt v. Pettitt; Gissing v. Gissing (1971) AC 886; Allen v. Snyder (1977) 2 NSWLR 685; Boccalatte v. Bushelle (1980)…
Northmead Holdings Pty Ltd v Westralian Fruits Pty Ltd [2022] WASC 390
Citation 16 (Para 1)

…adcasting Corporation v XIVth Commonwealth Games Ltd (1988) 18 NSWLR 540 at 548 ‑ 50 (Gleeson CJ) and his Honour's reference to Gissing v Gissing [1970] UKHL 3; [1971] AC 886; see also Cheshire & Fifoot's Law of Contract (9th ed, LexisNexis, 2008) at [3.5] and [3.9]. Where mutual promises are sought to be inferr…
Tindall & Vendric [2022] FedCFamC2F 1504
Citation 17

…so known as Terry Behman) [2015] NSWSC 1787 Dare v Pulham [1982] HCA 70 Gilchrist & Gilchrist & Anor [2009] FamCAFC 199 Gissing v Gissing [1970] UKHL 3 Guimelli v Guimelli [199] HCA 10 Hanley v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2000] FCA 1188 Hickey & Hickey & Anor [20…
Milenkovic v Milenkovic [2024] VSC 763
Citation 18

…( Gissing v Gissing (1971) AC 886 at 906 per Lord Diplock; Australian Broadcasting Corporation v XIV Commonwealth Games Ltd (1988) 18 NSWLR 540 at 548–549 per Gleeson CJ). Thus the uncommunicated subjective intention one party to a contract is, ordinarily speaking, irrelevant to determining the nature and extent of the rig…
Abigroup Contractors Pty Ltd v Transfield Pty Ltd [1998] VSC 103
Citation 19 (Para 37)

…As a general proposition the court is concerned with the objective manifestation of both the fact of agreement and intention. As a general rule it is not appropriate to look into the minds of the parties to seek what they actually intended. The general test of objectivity is of importance in the law…

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