Clinch v Brown [2024] NSWSC 1239

Supreme Court New South Wales

Medium Neutral Citation: Clinch v Brown [2024] NSWSC 1239 Hearing dates: 22 and 23 July 2024; final written submissions 30 August 2024 Date of orders: 3 October 2024 Decision date: 03 October 2024 Jurisdiction: Equity Before: Kunc J Decision: Statement of claim dismissed Catchwords: LAND LAW — Conveyancing — Contract for sale — Purchaser's equitable interest — Transaction between husband and wife — Proof of terms of contract where only stamped 1976 transfer available which had never been registered. Legislation Cited: Evidence Act 1995 (NSW) s 144 Real Property Act 1900 (NSW) s 41 Stamp Duties Act 1920 (NSW) s 41 (repealed) Cases Cited: Chan v Cresdon Pty Limited (1989) 168 CLR 242; [1989] HCA 63 CPT Custodian Pty Ltd v Commissioner of State Revenue (2005) 224 CLR 98; [2005] HCA 53 Fabre v Arenales (1992) 27 NSWLR 437 Golden Mile Property Investments (in liq) v Cudgegong Australia Pty Ltd (2015) 89 NSWLR 237; [2015] NSWCA 100 Penhall (as Executor of the Estate of the late Sukkar) v Abu Tony Pty Ltd (atf Abu Tony Discretionary Trust) [2023] NSWSC 434 Road Australia Pty Ltd v Commissioner of Stamp Duties [2001] 1 Qd R 327; [1999] QCA 328 Texts Cited: P Herzfeld, "Limitation of Actions and Specific Performance", (2019) 93 ALJ 470 R M Stonham, The Law of Vendor and Purchaser (1964, The Law Book Co of Australasia) Category: Principal judgment Parties: Stephanie Clinch (Plaintiff) Alison Lynnette Brown (First Defendant) Annemeike Vimal du Montiel (Second Defendant) Fiona Ann Scanlan as Executor of the Estate of the late Donald John Lynch (Third Defendant) Representation: Counsel: N Bilinsky (Plaintiff) A Fernon SC/Lucinda Cooper-Hackman (Third Defendant)