Lee v Li [2022] NSWSC 1336

Supreme Court New South Wales

Medium Neutral Citation: Lee v Li [2022] NSWSC 1336 Hearing dates: 12 – 15 September 2022 Decision date: 30 September 2022 Jurisdiction: Equity Before: Peden J Decision: (1) The parties are to confer and provide agreed short minutes of order reflecting this judgment and appropriate costs orders to my Associate within 7 days of the publication of this judgment. (2) Should the parties not be able to agree, the parties are to provide their competing short minutes together with submissions of no more than 2 pages and any necessary evidence, within 10 days of the publication of this judgment. Catchwords: EQUITY — Trusts and trustees — Constructive trusts — Common intention — Where two sisters claimed various beneficial and legal interests in four properties — Whether loan or trust in respect of one property — Whether there was an agreement that plaintiff sister would remain the sole beneficial owner of one property — Whether sisters' original intention to purchase one property as equal co-owners was changed to tenants in common with interests of 99% and 1% by agreement BANKING AND FINANCE — Banks — Bank accounts — Joint accounts — Whether property purchased using funds from joint account entitled each account holder to co-ownership — No joint account found Legislation Cited: Evidence Act 1995 (NSW) s 128 Cases Cited: Austin v Keele (1987) 10 NSWLR 283 Baumgartner v Baumgartner (1987) 164 CLR 137 Bijkerk Investments Pty Ltd v Bikic [2020] NSWSC 1336 Carruthers v Manning [2001] NSWSC 1130 Green v Green (1989) 17 CLR 343 Jemmark Pty Ltd v 10 Egan Street Pty Ltd [2022] NSWSC 865 Jones v Maynard [1951] Ch 572 Muschinski v Dodds (1985) 160 CLR 583 Re Bishop (dec'd); National Provincial Bank Ltd v Bishop [1965] 1 All ER 249 Shepherd v Doolan [2005] NSWSC 4 Wang Chunfeng v Law Society of New South Wales [2022] NSWSC 986 Watson v Foxman (1995) 49 NSWLR 315 West v Mead [2003] NSWSC 161 Zhang v Zhang [2022] NSWSC 924 Texts Cited: J McGhee and S Elliott, Snell's Equity (34th ed, 2019, Sweet & Maxwell) Category: Principal judgment Parties: Jenny Lee (Plaintiff and Cross-Defendant) Cheryl Shu Yan Li (Defendant and Cross-Claimant) Representation: Counsel: B Goodyear (Plaintiff and Cross-Claimant) T Cleary (Defendant and Cross-Claimant)