NSW Caselaw
New South Wales Supreme Court
CITATION : Dries v Ryan [2000] NSWSC 1163 FILE NUMBER(S) : SC 2754/99 HEARING DATE(S) : 29 May, 17-18 August 2000 JUDGMENT DATE : 12 December 2000
PARTIES : Joanne Maree Dries (Plaintiff) Gregory James Ryan (Defendant) JUDGMENT OF : Master McLaughlin
COUNSEL : P. Dowdy (Plaintiff) M. Errington (Defendant) SOLICITORS : Cassidy Gibson Howlin Solicitors (Plaintiff) Bayside Solicitors (Defendant) CATCHWORDS : Family Law - Alleged de facto relationship - Parties never resided together - Interests in property - Purchase of a house property as co-owners in unequal shares - Respective contributions to purchase price - Whether provisions of Contracts Review Act are attracted - Contract not in evidence - Whether proceedings are properly constituted - Whether circumstances of acquisition of property give rise to a constructive trust under the general law - Defendant has remained in occupation of property - Claim by Plaintiff for occupation fee - Such a claim not available unless Plainitff has been ousted or excluded - Trust in respect to shareholding of Plaintiff in Defendant's company. Property (Relationships) Act 1984 LEGISLATION CITED : Contracts Review Act 1980 Real Property Act 1900 Toscano v Holland Securities Pty Limited (1985) 1 NSWLR 145 Baltic Shipping v Dillon (1991) 22 NSWLR 20 CASES CITED : Muschinski v Dodds (1985) 160 CLR 583 Baumgartner v Baumgartner (1987) 164 CLR 137 Calverley v Green (1984) 155 CLR 242 Biviano v Natoli (1998) 43 NSWLR 695 DECISION : See paragraph 52
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