Vanta v Mantovani
Court of Appeal
Kyrou and Sifris JJA and J Forrest AJA
16/03/2023
[2023] VSCA 53
Trusts and trustees — Lost deed — Proof of terms of trust — Deed lost but schedule available — Lack of evidence as to various terms of missing deed — Whether sufficient proof of essential terms of trust deed — Applicable standard of proof — Whether trust failed for uncertainty — Whether resulting trust arose — Evidence Act 2008 (Vic), s 140 — Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 54.02 — Trustee Act 1958 (Vic), s 63
Read the judgment here.