Maher v Maher [2020] NSWSC 844

Supreme Court New South Wales

Medium Neutral Citation: Maher v Maher [2020] NSWSC 844 Hearing dates: 29 and 30 June 2020 Date of orders: 30 June 2020 Decision date: 30 June 2020 Jurisdiction: Equity Before: Parker J Decision: See [59] Catchwords: EQUITY – trusts and trustees – express trust – interest in property – family arrangement with plaintiff's in-laws to live with them in property to be purchased by them – no intention to create immediate legally enforceable commitment or interest EQUITY – trusts and trustees – constructive trusts – common intention – no contribution to acquisition of property ESTOPPEL – proprietary estoppel – encouragement – detrimental reliance – no contribution to property – no evidence of financial detriment – plaintiff and her family lived on property at subsidised rate and received a reasonable income from working in the family business Legislation Cited: Conveyancing Act 1919 (NSW), s 23C Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Muschinski v Dodds (1985)160 CLR 583 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 Peldan v Anderson (2006) 227 CLR 471 Category: Principal judgment Parties: Victoria Maher (Plaintiff) Josephine Maher (First Defendant) Robray Debeaking Pty Ltd (Second Defendant) Representation: Counsel: D Allen (Plaintiff) F Maghami (First and Second Defendant)