Raams v Ainsley-Squires [2023] NSWSC 1236

Supreme Court New South Wales

Medium Neutral Citation: Raams v Ainsley-Squires [2023] NSWSC 1236 Hearing dates: 11 & 12 October 2023 Date of orders: 23 October 2023 Decision date: 23 October 2023 Jurisdiction: Equity Before: Slattery J Decision: The plaintiff is ordered to pay to the plaintiff 20% of the net proceeds of sale of the Werrington Downs property, subject to adjustments for the plaintiff's defaults. The plaintiff ordered to pay the defendant's costs of the proceedings on the ordinary basis. Directions made to deal with any application for an accounting between the parties, for a special costs order and for the making of orders for a specified gross sum instead of assessed costs under Civil Procedure Act 2005, s 98(4)(c). Catchwords: TRUSTS – constructive trust – plaintiff and defendant jointly acquire real property as tenants-in-common – the certificate of title records the parties, as registered proprietors in the name of the plaintiff as to 80% and the defendant as to 20% – the plaintiff claims that pursuant to an agreement to acquire the property the defendant held her 20% interest in the property as registered proprietor on constructive trust for him, in exchange for him providing her $20,000 to undertake some dental work she was planning – the defendant contends that the plaintiff agreed to give her a beneficial interest in the property commensurate with the legal interest – what were the terms of the agreement made between the parties – whether the defendant holds her 20% legal interest in the property on constructive trust for the plaintiff – property sold – defendant cross claims for 20% of the net proceeds of sale of the property. Legislation Cited: Civil Procedure Act 2005 s 98(4)(c) Civil Procedure Act 2005, ss 57-60 Cases Cited: Hamod v New South Wales [2011] NSWCA 375 Harrison v Schipp (2002) 54 NSWLR 738 Zepinic v Chateau Constructions (Aust) Ltd (No 2) [2014] NSWCA 99 Category: Principal judgment Parties: Plaintiff/Cross Defendant: Richard Raams Defendant/Cross Claimant: Alexandra Ainsley-Squires Representation: Counsel: Plaintiff/Cross Defendant: S. J. Burchett Defendant/Cross Claimant: D. Meyerowitz-Katz