Brown v Brown-Pavier [2023] NSWSC 537

Supreme Court New South Wales

Medium Neutral Citation: Brown v Brown-Pavier [2023] NSWSC 537 Hearing dates: 8-11 May 2023 Date of orders: 22 May 2023 Decision date: 22 May 2023 Jurisdiction: Equity Before: Darke J Decision: Orders to be made to give effect to transfer of rights to showground spaces from first plaintiff to second plaintiff. Cross-Claim fails. Catchwords: ASSOCIATIONS AND CLUBS – registered organisations – rights, duties and liabilities of members – where plaintiffs and first defendant are members of the second defendant guild registered under the Fair Work (Registered Organisations) Act 2009 (Cth) ("the Guild") – where first plaintiff owns rights and privileges in respect of showground spaces allocated by the Guild – where first plaintiff applied to transfer her rights and privileges in respect of those spaces to the second plaintiff – where first defendant lodged objections to transfers – where transfers not effected by Guild – claim by plaintiffs seeking a declaration that the second plaintiff is entitled to be recorded as the owner of the showground spaces the subject of the transfer and an order that the Guild give effect to the transfer – where Guild files submitting appearance – held that the first plaintiff has done everything which is necessary for her to have done to effect a transfer of the legal title to the showground spaces – orders to be made to give effect to transfer EQUITY – trusts and trustees – constructive trusts – cross-claim by first defendant seeking a declaration that a constructive trust over various showground spaces arises by virtue of the termination of a joint relationship or endeavour with the first plaintiff – whether the first plaintiff and first defendant were in a joint relationship or endeavour involving the pooling of showground spaces – pooling of showground spaces not established – requisite joint relationship or endeavour not established – held that the rights to the first plaintiff's showground spaces are not held on constructive trust – held that first plaintiff remained free to transfer the rights to the showground spaces to the second plaintiff ESTOPPEL – estoppel by representation – detrimental reliance – cross-claim by first defendant seeking a declaration that the first plaintiff is estopped from denying that a two-thirds share of showground spaces is held for the benefit of the first defendant – statements alleged by first defendant as giving rise to estoppel not established – estoppel not made out Legislation Cited: Fair Work (Registered Organisations) Act 2009 (Cth), s 27 Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Corin v Patton (1990) 169 CLR 540 Craig v Silverbrook [2013] NSWSC 1687 Muschinski v Dodds (1985) 160 CLR 583 Sidhu v Van Dyke (2014) 251 CLR 505; [2014] HCA 19 Category: Principal judgment Parties: Doreen Gladys Brown (First Plaintiff/Cross-Defendant) Caine Bruce Brown (Second Plaintiff) Susan Brown-Pavier (First Defendant/Cross-Claimant) The Showmen's Guild of Australasia (Second Defendant) Representation: Counsel: Mr P E King with Mr I Metz (Plaintiffs/Cross-Defendant) Mr P A Horobin (First Defendant/Cross-Claimant)