Corin v Patton (1990) 169 CLR 540
Facts: P & Mrs P were joint registered proprietors of Torrens title land in NSW. Mrs P was ill, and wanted to arrange her affairs to sever the joint tenancy. However, severance of joint tenancy was not effective in law as Mrs P took no action to procure production of the certificate of title to enable the transfer and died before transfer was registered.
Held: There was no legal or equitable assignment of legal property. Equity will not assist a volunteer. Where the gift is incomplete, equity will not compel the party making the gift to fulfil the promise. However, where the donee has done everything necessary to complete the gift, equity will recognise the transfer.
Held (Mason CJ & McHugh J): In relation to the maxim “equity will not assist a volunteer”... “[A maxim] is not a specific rule or principle of law. It is a summary statement of a broad theme which underlies equitable concepts & principles”.