NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Guha v Guha (No 2) [2021] NSWSC 757 Hearing dates: On the papers; written submissions ending 14 May 2021 Date of orders: 28 June 2021 Decision date: 28 June 2021 Jurisdiction: Equity Before: Parker J Decision: See [63] Catchwords: EQUITY – unconscionable conduct – special disability or disadvantage – transfer of family property by mother in poor health to one of her daughters – improvident transactions – actual knowledge of special disadvantage – presumption of unconscionability – withdrawal of defence and discontinuance of cross-claim – costs Legislation Cited: Real Property Act 1900 (NSW), s 138 Uniform Civil Procedure Rules 2005 (NSW), rr 14.14, 15.3 Cases Cited: Dimos v Willetts (2000) 2 VR 170 J Earle Hermann Ltd v Ferry (1915) 32 WN (NSW) 31 Sgro v Australian Associated Motor Insurers Ltd [2015] NSWCA 262 Turner v O'Bryan-Turner [2021] NSWSC 5 Williams v Maalouf [2005] VSC 346 Category: Principal judgment Parties: Sreyashi Guha by her tutor Debadrita Guha (Plaintiff/Cross-Defendant) Samadrita Guha (Defendant/Cross-Claimant) Representation: Solicitors: King Legal (Plaintiff/Cross-Defendant) Legal Assistance Referral Scheme NSW Bar Association (Defendant/Cross-Claimant)
Counsel: J Eun (Plaintiff/Cross-Defendant) J Gatland (Defendant/Cross-Claimant) File Number(s): 2019/358479 Publication restriction: Nil
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