Potts v Potts [2023] NSWSC 1344

Supreme Court New South Wales

Medium Neutral Citation: Potts v Potts [2023] NSWSC 1344 Hearing dates: 30 October – 1 November 2023 Date of orders: 08 November 2023 Decision date: 08 November 2023 Jurisdiction: Equity - Real Property List Before: Elkaim AJ Decision: 1. The court makes a declaration that the second plaintiff, the first defendant and the second defendant hold the property situated at 91 xxxxxxxxxxxxxx (being the land comprising Lot xxxxxxxxxxx) on trust for the first plaintiff. 2. The defendants are to pay the plaintiffs' costs of the proceedings. 3. The parties have leave to request any consequential orders arising from Order (1) or to vary the above costs order. Catchwords: REAL PROPERTY – declaration sought for transfer of legal ownership of property to first plaintiff – property purchased with money held on trust for first plaintiff – trust created by siblings to protect first plaintiff from his gambling habits – beneficial ownership of the property – issue arising from prospective sale of the property Cases Cited: Calverley v Green (1984) 155 CLR 242; [1984] HCA 81 Category: Principal judgment Parties: David Potts (First Plaintiff) Susan Cooper (Second Plaintiff) Rowena Potts (First Defendant) Janette Potts (Second Defendant) Representation: Counsel: Mr D Robertson (Plaintiffs) Mr C Cassimatis (Defendants)

Solicitors: RSO Lawyers Pty Ltd (Plaintiff) Blue Print Law (Defendants) File Number(s): 2023/119750