NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Purser v Purser (No 2) [2024] NSWSC 700 Hearing dates: On the papers Decision date: 07 June 2024 Jurisdiction: Equity - Real Property List Before: Peden J Decision: Vary order 5 of the orders made by Peden J on 15 May 2024 to include a new order 5(f), which will read: "f. Payment of the balance to Laura Purser and Glenn Ian Purser as to 50% each" Catchwords: LAND LAW — Co-ownership — Severance of joint tenancy — Where co-owners have not formally severed joint tenancy — Where co-owners' respective shares of the Property not determined — Whether joint tenancy severed unilaterally by deed or by course of conduct Legislation Cited: Conveyancing Act 1919 (NSW), ss 12, 24, 66G Real Property Act 1900 (NSW), s 97 Cases Cited: Application of Richard Albarran; Harb v Harb [2010] NSWSC 1251 Federal Commissioner of Taxation v Everett (1980) 143 CLR 440 McNamee v Martin as Financial Manager for John Boden McNamee [2021] NSWSC 568 Norman v Federal Commissioner of Taxation (1963) 109 CLR 9 Purser v Purser [2024] NSWSC 611 Texts Cited: B Edgeworth, Butt's Land Law (7th ed, 2017, Lawbook Co) G Tolhurst, The Assignment of Contractual Rights (2nd ed, 2018, Hart) Category: Consequential orders Parties: Laura Purser (Plaintiff) Glen Ian Purser (Defendant) Representation: Counsel: S Hill (Plaintiff)
Solicitors: Higgins Lawyers (Plaintiff) Roberts & Co Solicitors (Defendant) File Number(s): 2023/00458015 Publication restriction: Nil
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