News
Craig Birtles successful in Gardiner v Wong [2026] NSWSC 421
Other Expertise / Tuesday, 28th April 2026
The Floor’s Craig Birtles appeared for the Defendant instructed by L Rundle & Co in Supreme Court of New South Wales proceedings Gardiner v Wong [2026] NSWSC 421 for which judgment was published on 24 April 2026. Trust claims concerning real property and a family provision claim were dismissed. The judgment considers express trusts, the ss 23C and 54A Conveyancing Act 1919 (NSW) requirement of writing, part performance, the rule in Rochefoucauld v Boustead [1897] 1 Ch 196 and common intention constructive trusts
It can be viewed at the following link: https://www.caselaw.nsw.gov.au/decision/19dbd9b8d806b209a2c86401