Joudo v Joudo [2024] NSWCA 258

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Joudo v Joudo [2024] NSWCA 258 Hearing dates: 24 October 2024 Date of orders: 30 October 2024 Decision date: 30 October 2024 Before: Bell CJ at [1]; Gleeson JA at [57]; Stern JA at [58] Decision: Dismiss the appeal with costs. Catchwords: EQUITY – trusts and trustees – constructive trusts – joint endeavour – where both parties had contributed to costs of the construction of a house purchased in the name of one party – where that party did not reside in the house – where the basis for contemplated arrangement that the other parties and their children would continue to live in the house was removed on the legal owner falling into financial difficulties – whether unconscionable for the legal owner to retain the benefit of contributions made by the other parties and the rise in the value of the house where this was not intended. Cases Cited: Australian Building & Technical Solutions Pty Limited v Boumelhem [2009] NSWSC 460; (2009) 2 ASTLR 336 Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Lloyd v Tedesco (2002) 25 WAR 360; [2002] WASCA 63 Makaritis v Makaritis (No 3) [2023] NSWSC 409 McKinlay v Woods [2021] NSWSC 1510 McKinlay v Woods [2024] NSWCA 122 Muschinski v Dodds (1985) 160 CLR 583; [1985] HCA 78 Thynne v Sheringham [2023] NSWCA 181 West v Mead [2003] NSWSC 161; (2003) 13 BPR 24,431 Category: Principal judgment Parties: Ravina Joudo (Appellant) Marie Joudo (First Respondent) Ronnie Joudo (Second Respondent) Representation: Counsel: A D Crossland with B Flaherty (Appellant) S Fitzpatrick SC with M Thompson (First and Second Respondents)