Joanne Elizabeth Young v Josephine Aapa Smith [2015] NSWSC 400

REAL PROPERTY – voidable transactions – transfer of property – transfer made pursuant to alleged trust agreement – intent to defraud creditors – future creditors – whether agreement made with intent to defraud creditors – whether transfer made with intent to defraud creditors – requisite state of mind – inferences to be drawn.

TRUSTS - existence of trust - express trust - intention to create trust - impact of subsequent conduct.

TRUSTS - abandonment or abrogation - conduct inconsistent with existence of trust - inferences to be drawn.

Joanne Elizabeth Young v Josephine Aapa Smith [2015] NSWSC 400 (10 April 2015)