Mendonca v Tonna [2020] NSWCA 196

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Mendonca v Tonna [2020] NSWCA 196 Hearing dates: 13 August 2020 Decision date: 26 August 2020 Before: Bell P at [1] Meagher JA at [3] Payne JA at [49] Decision: 1. Appellant's amended notice of motion filed 1 July 2020 dismissed. 2. Appeal dismissed. 3. Appellant pay respondents' costs of the appeal. Catchwords: EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts — Where funds contributed to purchase of property — Whether primary judge erred in finding that presumption of resulting trust not rebutted LANDLORD AND TENANT — Agreements for lease — Creation — Where final page of residential tenancy agreement signed — Where dispute as to whether signature genuine — Whether primary judge erred in not being satisfied that any agreement giving rise to residential tenancy COSTS — Party/Party — Exercise of discretion — Whether discrete and separable issues justifying departure from order that costs follow event Legislation Cited: Supreme Court Act 1970 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Calverley v Green (1984) 155 CLR 242; [1984] HCA 81 Fox v Percy (2003) 214 CLR 118; [2003] HCA 22 Roache v News Group Newspapers Ltd [1998] EMLR 161 Searle v Commonwealth of Australia (2019) 100 NSWLR 55; [2019] NSWCA 127 Category: Principal judgment Parties: Renuka Mendonca (appellant) Mark Tonna (first respondent) Lorraine Tonna (second respondent) Representation: Counsel: Appellant (self-represented) P Newton and J Gatland (first and second respondents)