Thevar v Maharaj [2021] NSWSC 1474

Supreme Court New South Wales

Medium Neutral Citation: Thevar v Maharaj [2021] NSWSC 1474 Hearing dates: 11 November 2021 Decision date: 11 November 2021 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Judgment for the plaintiff against the defendant in the sum of $179,662.02 (Judgment Sum). 2. Order that the defendant pay to the plaintiff interest on the Judgment sum pursuant to s 100 of the Civil Procedure Act 2005 (NSW) from 9 November 2018 to date being $25,529.24. 3. Declare that all moneys in the Commonwealth Bank of Australia Limited account 06 2121 1115 6256 are: (a) the property of the plaintiff; and (b) held on trust by the defendant for the plaintiff. 4. Declare that all moneys in the Westpac Banking Corporation Limited account 032071 614866 and 732071 531769 are: (a) the property of the plaintiff; and (b) held on trust by the defendant for the plaintiff. 5. Order that the defendant pay the plaintiff's costs. 6. Vary the freezing order made on 14 November 2018 by Justice Lindsay to permit the payment out of the Commonwealth Bank of Australia Limited account 06 2121 1115 6256 and the Westpac Banking Corporation Limited accounts 032071 614866 and 732071 531769 to the plaintiff the moneys hereby declared to be the property of and held on trust for the plaintiff. Catchwords: EQUITY — Trusts and trustees — Resulting trusts — Quistclose trusts — Tracing — Money paid into bank account Cases Cited: Barclays Bank Ltd v Quistclose Investments Ltd [1970] AC 567) George v Webb [2011] NSWSC 1608 Thevar v Maharaj [2021] NSWSC 993 Category: Principal judgment Parties: Ronald Thevar (Plaintiff) Roshini Nirmal Lynette Maharaj (Defendant) Representation: Counsel: C Bolger (Plaintiff)