The appellant, Salvatore Falsetto (father), appealed a trial decision that found substantial transfers of money and properties to his son, Salvatore Fillipo Falsetto (Sam), were gifts, not held in trust.
The trial judge also found no breach of fiduciary duty, undue influence, or unjust enrichment by the son.
The Court of Appeal dismissed the appeal, upholding the trial judge's factual findings that the transfers were gifts.
While the Court of Appeal found that the son was indeed a fiduciary, it concluded that he did not breach his fiduciary obligations because the transfers were made with the father's full knowledge and consent, and at his instruction.