Thornton v Hyde [2004] NSWSC 125

New South Wales Supreme Court

CITATION : Thornton v Hyde [2004] NSWSC 125 HEARING DATE(S) : 6 November 2003 JUDGMENT DATE : 5 March 2004

JUDGMENT OF : Burchett AJ at 1 DECISION : Declaration that defendant's interest in subject land is held in trust for the plaintiff and consequential relief.

CATCHWORDS : Resulting trust in relation to home acquired wholly (save as referred to in next point) with the man's money in connection with a de facto relationship between him and a woman - whether position affected by use of a joint borrowing the common intention being that it would be repaid wholly by the man, the woman having decided at the time of the acceptance of the loan that the house would not be her home - circumstances in which the common intention made it unconscientious for the woman to assert a beneficial interest in the property - circumstances in which, the substratum of the relationship having been removed, it would be unconscientious for the woman to enjoy the benefit of the property. LEGISLATION CITED : De Facto Relationships Act 1984 Property (Relationships) Act 1984 Baumgartner v Baumgartner (1987) 164 CLR 137 Hohol v Hohol [1981] VR 221 Kais v Turvey (1994) 11 WAR 357 CASES CITED : Lloyd v Tedesco (2002) 25 WAR 360 Muschinski v Dodds (1985) 160 CLR 583 Rasmussen v Rasmussen [1995] 1 VR 613 Roxborough v Rothmans of Pall Mall Australia Limited (2001) 208 CLR 516 Taylor v Johnson (1983) 151 CLR 422 PARTIES : Alan Robert Thornton (Plaintiff) Phyllis Hyde (Defendant) FILE NUMBER(S) : SC 2234/99 COUNSEL : R. W. Tregenza (Plaintiff) No appearance (Defendant) SOLICITORS : Keith Charles Foreman (Plaintiff) No appearance for defendant