Degnan v Fisher [2021] NSWSC 1334

Supreme Court New South Wales

Medium Neutral Citation: Degnan v Fisher [2021] NSWSC 1334 Hearing dates: 25 and 26 March and 27 April 2021 Decision date: 19 October 2021 Jurisdiction: Equity Before: Lindsay J Decision: The defendants are liable to account to the plaintiff, by means of an order for equitable compensation, for their receipt of the net proceeds of a sale of land held by them on trust for the plaintiff consequent upon a contract for the sale of the land by the defendants to the plaintiff fully executed on the part of the plaintiff. Catchwords: CONTRACTS — Construction — Proper construction of Deed — Dispute about the nature and scope of Deed executed by all parties — Defendants liable to account to plaintiff for their receipt of net proceeds of sale of land consequent upon execution of Deed Legislation Cited: Civil Procedure Act 2005 NSW Conveyancing Act 1919 NSW Cases Cited: Brown v Heffer (1967) 116 CLR 344 Chang v Registrar of Titles (1976) 137 CLR 177 Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 Franklins Pty Ltd v Metcash Trading Ltd (2009) 76 NSWLR 603 McWilliam v McWilliam's Wines Pty Ltd (1964) 114 CLR 656 Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd (2015) 256 CLR 104 Secured Income Real Estate (Australia) v St Martins Investments Pty Ltd (1979) 144 CLR 596 Service Station Association v Berg Bennett (1993) 45 FCR 84 Shepherd v Felt & Textiles of Australia Ltd (1931) 45 CLR 359 Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd (2004) 219 CLR 165 Texts Cited: Meagher, Gummow and Lehane, Equity: Doctrines and Remedies (5th edition, 2015) Category: Principal judgment Parties: Plaintiff: Judith Anne Degnan in her personal capacity and representing the estate of the late John Alan Degnan First Defendant: George John Fisher Second Defendant: Karen Anne Fisher Representation: Counsel: Plaintiff: G Carolan Defendants: P Lane