Court of Appeal sets aside Judgment entered without Proper Notice of Allegations During Trial

In the County Court, a son sued his parents claiming the right to have a property that they owned transferred into his name. The parents (for whom I acted) understood that the action was brought alleging a constructive or resulting trust. The County Court found for the son on the basis that he had an enforceable contract. The parents appealed the decision, claiming that they did not receive proper notice of the contractual allegation. The Court of Appeal found in favour of the parents and held that the son’s claim was ambiguously brought, that the parents’ approach to the case was justifiable and that the Court had deprived the parents of the opportunity to contest the contractual claim. The County Court’s judgment was set aside and the case will return to the County Court.

A good lesson in making sure that you properly articulate your case.

Click the link below to access the judgment via Austlii.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/vic/VSCA/2017/272.html?context=1;query=Cresswell%20[2017]%20VSCA%20272

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