SEYFFER v. ADAMSON & ANOR [2001] NSWSC 1132

New South Wales Supreme Court

CITATION : SEYFFER v. ADAMSON & ANOR [2001] NSWSC 1132 CURRENT JURISDICTION: EQUTIY FILE NUMBER(S) : SC 3420/2000 HEARING DATE(S) : 27-28/11/2001 JUDGMENT DATE : 11 December 2001

Michael Alan Seyffer - Plaintiff PARTIES : Jennifer Frances Adamson - First Defendant Mark Ross Adamson - Second Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : A.J. Meagher SC & M.J.Leeming - Plaintiff J.S. Van Aalst - Defendants SOLICITORS : Speed and Stracey Commercial Lawyers - Plaintiff Hardings Lawyers - Defendants CATCHWORDS : EQUITY - proprietary estoppel - a strip 6 feet wide separated the parties' houses - the plaintiff and the previous owners of the defendants' house agreed to build a fence down the mid-line and occupy half each - registered proprietor subdivided in 1920, deed in 1962 and executor took no action - defendants pursued searches, located executor and obtained transfer of strip without consideration - plaintiff claimed remedies based on alleged oral arrangement with defendants that each would enjoy possession of half so that eventually a claim would be made to title - claim expressed as breach of fiduciary duty in common venture, claim for constructive trust and proprietary estoppel - on the facts, the defendants did not give any commitment or make any arrangement as alleged. LEGISLATION CITED : Real Property Act 1900 United Dominions Corporation Ltd v. Brian Pty Ltd (1985) 157 CLR 1 Banner Homes Group PLC v. Luff Developments Limited [2000] Ch 372 Keith Henry & Company Pty Ltd v. Stuart Walker & Company Pty Ltd (1958) 100 CLR 342 CASES CITED : Pallant v. Morgan [1953] 1 Ch 43 United States Surgical Corporation v. Hospital Products International Pty Ltd [1983] 2 NSWLR 157 Hospital Products Ltd v. United States Surgical Corporation (1984) 156 CLR 41 Chattock v. Muller (1878) 8 ChD 177 DECISION : Judgment for the Defendants with costs.