Guo v Gao (No 2) [2023] NSWSC 231

Supreme Court New South Wales

Medium Neutral Citation: Guo v Gao (No 2) [2023] NSWSC 231 Hearing dates: 10-13, 17 October; 22 November 2022; 10 March 2023 Decision date: 17 March 2023 Jurisdiction: Equity Before: Kunc J Decision: Defendant absolutely entitled to real property held as joint tenant with deceased; $500,000 provision ordered from notional estate for plaintiff Catchwords: EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts — Where deceased wife contributed at least 70% of purchase price to matrimonial home held as joint tenants — No issue of principle SUCCESSION — Family provision — Claim by adult child — Only notional estate available — Claim against mother's estate where intestate mother declared to be dead twenty years after disappearance Legislation Cited: Succession Act 2006 (NSW) Cases Cited: Bosanac v Commissioner of Taxation [2022] HCA 34 Bowditch v NSW Trustee and Guardian [2012] NSWSC 275 Davies v The National Trustees Executors and Agency Co of Australasia Ltd [1912] VLR 397 Grant v Roberts; Smith v Same; Roberts v Same; Curtis v Same [2019] NSWSC 843 Guo v Gao [2021] NSWSC 1059 Salmon v Osmond [2015] NSWCA 42 Srekovic v Srekovic [2018] NSWSC 1597 Steinmetz v Shannon [2019] NSWCA 114 Stone v Stone [2019] NSWSC 233 Taylor v Farrugia [2009] NSWSC 801 Trustees of the Property of Cummins (a bankrupt) v Cummins (2006) 227 CLR 278; [2006] HCA 6 Category: Principal judgment Parties: Sijia Guo (Plaintiff) Yong Wei Gao (First Defendant) Mark Henrick Peoples, in his capacity as administrator of the estate of the late Wei Hong Guo (Second Defendant) Representation: Counsel: