ON 28 July 1941, the High Court of Australia delivered Timbury v Coffee [1941] HCA 22; (1941) 66 CLR 277 (28 July 1941).

http://www.austlii.edu.au/au/cases/cth/high_ct/66clr277.html

Sydney, Australia

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ON 2 SEPTEMBER 1937, the High Court of Australia delivered Birmingham v Renfrew [1937] HCA 52; (1937) 57 CLR 666 (2 September 1937).

http://www.austlii.edu.au/au/cases/cth/high_ct/57clr666.html

Sydney, Australia

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ON 7 DECEMBER 1936, the High Court of Australia delivered Levy v Kum Chah [1936] HCA 60; (1936) 56 CLR 159 (7 December 1936).

http://www.austlii.edu.au/au/cases/cth/high_ct/56clr159.html

Sydney, Australia

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ON 12 AUGUST 1936, the High Court of Australia delivered Russell v Scott [1936] HCA 34; (1936) 55 CLR 440 (12 August 1936).

http://www.austlii.edu.au/au/cases/cth/high_ct/55clr440.html

Percy Russell and his elderly aunt opened a joint bank account containing funds to be managed by Russell for the benefit of the aunt. Russell made no contributions.

After the death of the aunt, proceedings were instituted by Scott (a beneficiary under the aunt’s will) seeking a declaration that the balance of the account and some funds withdrawn before the aunt’s death belonged to the estate. The trial judge ruled that the balance of the account did not pass to Russell as the benefit was testamentary in nature and had not been made in accordance with the Wills, Probate and Administration Act 1898 (NSW).

Russell appealed the trial judge’s decision.

The High Court found an intention by the aunt to confer upon her death, through survivorship, legal and beneficial ownership of the funds to Russell.  The court therefore allowed the appeal, dismissing Scott’s action on the grounds that that the funds in question did not form part of the estate.

Sydney, Australia

1300 00 2088

ON 10 JUNE 1924, the High Court of Australia delivered Bailey v Bailey [1924] HCA 21; (1924) 34 CLR 558 (10 June 1924).

http://www.austlii.edu.au/au/cases/cth/high_ct/34clr558.html

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ON 24 OCTOBER 1922, the High Court of Australia delivered Lippe Caveator v Hedderwick [1922] HCA 44; (1922) 31 CLR 148 (24 October 1922).

http://www.austlii.edu.au/au/cases/cth/high_ct/31clr148.html

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