Orr v Ford
(1989) 167 CLR 31684 ALR 146
(Decision by: Mason C.J. and Dawson)
ORR v FORD F.C.
Court:
Judges:
Mason C.J. and DawsonWilson, Toohey and Gaudron JJ.
Deane
Other References:
Income Tax (Cth) - Precedent
Judgment date: 8 February 1989
Decision by:
Mason C.J. and Dawson
For the reasons given by Deane J. I am of the opinion that Mr Orr's conduct in standing by for some eight years constituted "gross laches" which precludes the grant to him of relief on the footing that the late Dr Stone, at the time of his death, held a one-half interest in the leasehold selection known as "Cockatoo" upon an express trust for Mr Orr. Accordingly, subject to the appropriate allowance being made for the cost of improvements found to have been made by Dr Stone, it should be declared that Mr Orr is beneficially entitled to a 30/156 share of "Cockatoo" as it was conceded that the provisions of the Land Act 1962 (Q.) did not preclude or render unenforceable any trust of that share and it was not argued that there was a defence of laches in relation to declaratory relief in respect of that beneficial interest.