El Masri v Tran [2002] NSWSC 739

New South Wales Supreme Court

CITATION : El Masri v Tran [2002] NSWSC 739 FILE NUMBER(S) : SC 1943/02 HEARING DATE(S) : 01/08/02,02/08/02,05/08/02 JUDGMENT DATE : 21 August 2002

PARTIES : Craig Lee El Masri (Plaintiff) Hong Thi Cam Tran (Defendant) JUDGMENT OF : Acting Master Berecry at 1

COUNSEL : S Hughes (Plaintiff) P Morrissey (Defendant) SOLICITORS : Baker Ryrie Richards Titmarsh (Plaintiff) Quy Lawyers (Defendant) CATCHWORDS : Resulting trust - contribution by both parties - property in the name of one party - advancement - nature of relationship - credit - conflicting evidence - equitable charge CASES CITED : Calverley v Green (1984) 155 CLR 242. Cowcher v Cowcher (1972) 1 WLR 425 at 431 DECISION : 1. A declaration in accordance with paragraph one of the amended summons. 2. A declaration that the defendant is entitled to an equitable charge over the Fairfield and Guildford properties. 3. That the plaintiff's share in the Fairfield property is in the proportion of 180/1185. 4. An order in accordance with paragraphs 5 and 6 of the amended summons. 5. The defendant is to pay the plaintiff's costs of the proceedings.

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION Berecry AM 21 August 2002 1943/02 Craig Lee El Masri v Hong Thi Cam Tran JUDGMENT

1 Master: These proceedings were commenced by way of summons on 19 March 2002. The plaintiff seeks declaratory relief in relation to interest in respect of two properties, namely 15 Brennan Street Fairfield and Lot 19 116 McCredie Rd, Guildford. In the alternative, the plaintiff seeks a declaration that he is entitled to an equitable charge over the two properties and an order that trustees be appointed for sale of both properties pursuant to s66G of the Conveyancing Act NSW. FACTUAL BACKGROUND