The appellant appealed a trial judgment regarding the beneficial ownership of a Florida property gifted by the respondent's father.
The trial judge had concluded the gift was intended only for the respondent.
The Court of Appeal allowed the appeal, finding the trial judge failed to properly analyze the donor's intention at the time the gift was made, which evidence showed was transferred to both parties for tax advantages.
The judgment was varied to reflect that the gift was to both parties, and trial costs were adjusted.