Rance v Dempsey [2024] NSWSC 1423

Supreme Court New South Wales

Medium Neutral Citation: Rance v Dempsey [2024] NSWSC 1423 Hearing dates: 6 November 2024 Date of orders: 8 November 2024 Decision date: 08 November 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: See [38] Catchwords: EQUITY – Trusts and trustees – Resulting trusts – Presumption of resulting trust – Unequal contributions to purchase price PRACTICE AND PROCEDURE – Application for appointment of representative of deceased's estate pursuant to r 7.10 of the Uniform Civil Procedure Rules 2005 (NSW) Legislation Cited: Succession Act 2006 (NSW), s 127 Uniform Civil Procedure Rules 2005 (NSW), r 7.10 Cases Cited: Calverley v Green (1984) 155 CLR 242; [1984] HCA 81 IMF (Australia) Pty Ltd v Sons of Gwalia Ltd [2004] FCA 1390; (2004) 211 ALR 231 In the matter of Pharmacy Depot Hurstville Pty Ltd (in prov liq) [2018] NSWSC 961 Oil Basins Ltd v Commonwealth of Australia (1993) 178 CLR 643; [1993] HCA 60 Zetting v Müller [2017] NSWSC 659 Texts Cited: J D Heydon and M Leeming, Jacobs' Law of Trusts in Australia (8th ed, 2016, LexisNexis) Category: Principal judgment Parties: Jesse Scott Rance (Plaintiff) Glynis Annette Dempsey (Defendant) Representation: Counsel: A Green (Plaintiff)

Solicitors: Southern Waters Legal (Plaintiff) File Number(s): 2023/424312

JUDGMENT 1. These proceedings concern the estate of the late Ian Scott Astill. They were brought by the deceased's son Jesse Scott Rance by way of statement of claim dated 23 November 2023. For convenience I will refer to the parties by their first names. 2. The defendant, Glynis Annette Dempsey, is Ian's former de facto partner. Ian and Glynis owned a property on White Street in East Gosford (the Gosford House) as joint tenants. 3. In the statement of claim, as filed, Jesse sought a declaration that Glynis holds the Gosford House on constructive trust for the estate. In the alternative, he sought an order for further provision out of the estate pursuant to s 60 of the Succession Act 2006 (NSW) and a complementary order under s 80 designating property as notional estate, being Ian's interest in the Gosford House as joint tenant which passed to Glynis on his death. Jesse also sought an order under r 7.10 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that Glynis be appointed as a representative of the estate for the purpose of these proceedings.