Joudo v Joudo [2024] NSWSC 232

Supreme Court New South Wales

Medium Neutral Citation: Joudo v Joudo [2024] NSWSC 232 Hearing dates: 12, 13 and 14 February 2024 Date of orders: 12 March 2024 Decision date: 12 March 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Adjourn the proceedings to 9.30 am on 26 March 2024 or such other time as may be arranged with my Associate. (2) Direct the parties to confer and to seek to agree on the occupation rent to be paid by the cross-claimants and orders otherwise to give effect to this judgment and to deal with costs. (3) No later than 24 hours before the adjourned hearing, submit proposed orders for the purpose above in Order (2). Catchwords: EQUITY – alleged oral rental agreement – whether property was purchased as an investment or as part of joint endeavour with family members – purchase financed with a loan in the name of the plaintiff – cross claimants paid for completion, contributed some mortgage payments and paid some outgoings EQUITY – remedies – failed joint endeavour – division of proceeds of sale – division of surplus – return of contributions – indexation – occupation for a period following the failure of a joint endeavour Legislation Cited: Nil Cases Cited: Allied Pastoral Holdings Pty Ltd v FCT [1983] NSWLR 1 Baumgartner v Baumgartner (1987) 164 CLR 137 Director Office of Fair Work Building Industry Inspectorate v CFMEU [2013] FCAFC 8, 231 IR 278 ET-China.com International Holdings Limited and Anor v Cheung and Others (2021) 150 ACSR 461 John Holland Pty Ltd v Kellogg Brown & Root [2015] NSWSC 451 Makaritis v Makaritis (No 2) [2022] NSWSC 1690 Makaritis v Markaritis (No 3) [2023] NSWSC 409 Muschinski v Dodds (1985) 160 CLR 583 Oneflare Pty Ltd v Chernih [2017] NSWCA 195 Payne v Parker [1976] 1 NSWLR 191 Sckaff v Sckaff [2023] NSWSC 1582 Walsh v Lonsdale (1882) 21 ChD 9 Watson v Foxman (1995) 49 NSWLR 315 Woods v MacKinlay (No 2) [2021] NSWSC 1510 Texts Cited: Nil Category: Principal judgment Parties: Ravina Joudo (Plaintiff/Cross Defendant) Maria Joudo (Defendant/First Cross Claimant) Ronnie Joudo (Second Cross Claimant) Representation: Counsel: FFF Salama and B Flaherty (Plaintiff/Cross Defendant) M Thompson (Defendant/Cross Claimants)