Davis v Davis (No 2) [2023] NSWSC 1563

Supreme Court New South Wales

Medium Neutral Citation: Davis v Davis (No 2) [2023] NSWSC 1563 Hearing dates: 11-12 December 2023 Date of orders: 15 December 2023 Decision date: 15 December 2023 Jurisdiction: Equity Before: Elkaim AJ Decision: See paragraph 84 Catchwords: LAND LAW – Torrens title – Exceptions to indefeasibility – Estates and Interests recorded in folio – where the plaintiff and the defendant entered into a deed transferring a property from the defendant to the plaintiff, subject to a life interest in the property which gave the defendant a "right to reside" – whether the deed gave a right of exclusive possession to the plaintiff – where the plaintiff and the defendant had been in a close personal relationship as defined in the Property (Relationships) Act 1984 (NSW) – whether the plaintiff is entitled to an adjustment under s 20 due to monetary and non-monetary contributions to the defendant's wellbeing and the property. Legislation Cited: Property (Relationships) Act 1984 (NSW), ss 5, 8, 20 Cases Cited: Calderone v Perpetual Trustees Victoria Ltd [2008] VSC 373 Finlay v Tucker [2015] NSWSC 560 Hatzantonis & Anor v Lawrencecox v Lawrence [2003] NSWSC 914 Jurd v Public Trustee [2001] NSWSC 632 Texts Cited: Brendon Edgeworth, Butts Land Law (7th ed, 2017, Lawbook Co) Category: Principal judgment Parties: Paula Jane Davis (Plaintiff) Victor Bernard Davis (Defendant) Representation: Counsel: Mr A Joseph (Plaintiff) Mr N Bilinsky (Defendant)