NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wingate v Lee [2021] NSWSC 1339 Hearing dates: 4–6 August 2021, 18 October 2021 Decision date: 18 October 2021 Jurisdiction: Equity Before: Kunc J Decision: Cross-claimant entitled to reimbursement for work undertaken on property; Trustees for sale to be appointed if parties cannot agree on method for sale Catchwords: EVIDENCE — Burden of proof — Civil proceedings — Where cross-claimant deprived of means of direct proof of expenses incurred by action of cross-defendant — Nature of presumption against cross-defendant LAND LAW — Co-ownership — Rights between co-owners — Construction of co-ownership agreement — No issue of principle Cases Cited: Armory v Delamirie (1722) 1 Stra 505; 93 ER 664 LJP Investments Pty Ltd v Howard Chia Investments Pty Ltd (1989) 24 NSWLR 490 Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and managers appointed) (In liq) (No 2) (2011) 297 ALR 56; [2011] FCA 1123 Texts Cited: Edelman, James, McGregor on Damages (Sweet & Maxwell, 21st ed, 2021) Herzfeld, Perry and Thomas Prince, Interpretation, (Thomson Reuters, 2nd ed, 2020) Category: Principal judgment Parties: Lainie Wingate (Plaintiff) Robert Lee (Defendant) Representation: Counsel:
J L Polese (Plaintiff) M Maconachie (Defendant)
Solicitors:
CVC Law (Plaintiff) Kells (Defendant) File Number(s): 2019/364077 Publication restriction: No
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