Regent v Millett [1976] HCA 40

High Court of Australia Gibbs, Stephen, Mason, Jacobs and Murphy JJ. Regent v Millett [1976] HCA 40

ORDER Appeal dismissed with costs. Gibbs J.

This regrettably protracted litigation arises out of an unfortunate family dispute. The respondents, the plaintiffs in the action are husband and wife. The appellants, the defendants, are the parents of the female respondent.

The respondent sought specific performance of an oral agreement for the transfer of a house property at Sefton. According to the findings of the learned trial judge which were not, and could not have been, challenged, the appellants bought the house at Sefton in November 1969 for a purchase price of $4,500. They provided $1,000 of the price in cash and borrowed $3,500 from a bank on mortgage. Some time between November 1969 and April 1970 it was agreed between the appellants and the respondents that in consideration of the respondents agreeing to pay off the whole of the mortgage debt, including the interest thereon, and repaying the appellants the amount of $1,000, which was inaccurately described as a "deposit", the respondents were to be entitled to live in the house, treat it as their own and have it transferred to them when the mortgage was paid off and the $1,000 repaid to the appellants.

Subsequently, in April 1970, the respondents went into possession of the property and they were still residing there at the date of the trial. In June 1970 they began paying off the mortgage instalments. Payments had at first been made by the male appellant, but they were thereafter made by the respondents directly to the bank for credit to the appellants' account. However, the respondents were short of money and at times fell into arrears. Of those arrears some were paid off by the male appellant, and the rest were met by the respondents. Most of the rates and taxes were paid by the male appellant, but in one instance payment was made by the respondents.