Szeto v Situ (No 3) [2020] NSWSC 1489

Supreme Court New South Wales

Medium Neutral Citation: Szeto v Situ (No 3) [2020] NSWSC 1489 Hearing dates: On the papers (last submissions by 14 August 2020) Date of orders: 27 October 2020 Decision date: 27 October 2020 Jurisdiction: Equity Before: Emmett AJA Decision: In these Orders: "Occupation fee issue" means: 1. the legal entitlement of a party to claim an occupation fee in relation to each of the Lakemba, Carlton and Turrella Properties; 2. the period for which the occupation fee is payable; 3. the basis for calculating the quantum of the occupation fee. "Outgoings issue" means 1. the legal entitlement of a party to claim outgoings in respect of each of the Lakemba, Carlton and Turrella Properties; 2. the period for which outgoings is claimed; 3. the amount of outgoings which are claimed. By consent the Court orders: 1. The plaintiff to file and serve points of claim in relation to: (a) the occupation fee issue; and (b) the outgoings issue by 10 November 2020. 2. The defendant to file and serve points of defence on or before 24 November 2020. 3. The plaintiff to file and serve a reply to the defendant's points of defence by 10 December 2020. 4. The plaintiff to serve upon the defendant short minutes of order "the short minutes of order" in relation to: a. the Court's findings as to ownership issues and, b. the Further Amended Summons filed on 6 November 2018 on or before 10 November 2020. 5. The defendant to advise the plaintiff as to any disagreement with the short minutes of order by 24 November 2020. 6. Proceedings relisted for Directions on 15 December 2020 at a time to be notified by the Court. Catchwords: EQUITY — General principles — Equitable estates and interests — Nature of equitable interests and ownership — Beneficial ownership — Property purchased in the name of defendant alone — Joint loans applied to purchase of property REAL PROPERTY – General principles – Ownership – Beneficial ownership Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 28.2 Cases Cited: Calverley v Green (1984) 155 CLR 242; [1984] HCA 81 Currie v Hamilton [1984] 1 NSWLR 687 Szeto v Situ [2017] NSWSC 1554 Szeto v Situ (No 2) [2019] NSWSC 1312 Texts Cited: Nil Category: Principal judgment Parties: Livy Szeto (Plaintiff/Cross-defendant) Liming Situ (First Defendant/Cross-claimant) Lijun Guan (Second Defendant) (no appearance) Representation: Counsel: E A Cohen (Plaintiff/Cross-defendant) P Cutler (First Defendant/Cross-claimant)