Woodland v Rodriguez [2004] NSWSC 1167

New South Wales Supreme Court

CITATION : Woodland v Rodriguez [2004] NSWSC 1167 HEARING DATE(S) : 10 and 16 November 2004 JUDGMENT DATE : 3 December 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin at 1 DECISION : (1). I declare that the Defendant holds on trust for the Plaintiff the property situate at and known as 33 Margaret Street, Fairfield Heights ("the Fairfield property"). (2). I order that the Defendant on or before 17 December 2004 (or such other date as may be agreed upon by the parties or ordered by the Court) effect the transfer to the Plaintiff of the Fairfield property. (3). I order that the Plaintiff indemnify the Defendant against any liability for municipal rates and any other such charges in respect to the Fairfield property which may have accrued since the late Richard William Rodriguez ("the Deceased") became the registered proprietor thereof. (4). I order that the Defendant pay the costs of the Plaintiff. (5). I reserve to the parties liberty to apply. (6). The exhibits may be returned.

CATCHWORDS : - Equity. Trusts. House property purchased by Deceased in his name with money of Plaintiff. Whether Deceased held that property on a resulting trust for Plaintiff. No presumption of advancement. Undue influence. Unconscionable conduct. Relationship between Plaintiff and Deceased requiring intervention of a court of equity. - Succession. Family provision. Intestacy. Whether Plaintiff is an eligible person. Close personal relationship. Whether Deceased performed services for Plaintiff for fee or reward. Competing claim of estranged widow of Deceased. LEGISLATION CITED : Family Provision Act 1982 (New South Wales) Property (Relationships) Act 1984 (New South Wales) Amadio v Commercial Bank of Australia Limited (1983) 151 CLR 447 Blomley v Ryan (1956) 99 CLR 362 Black Uhlans Inc v New South Wales Crime Commission [2002] NSWSC 1060 CASES CITED : Bridgewater v Leahy (1998) 194 CLR 457 Earl of Chesterfield v Janssen (1751) 2 Ves.Sen. 125 Johnson v Buttress (1936) 56 CLR 113 Napier v Public Trustee (Western Australia) (1980) 32 ALR 153 Urane v Whipper [2001] NSWSC 796; (2002) ConvR 55-992) PARTIES : Brenda Janice Woodland (Plaintiff) Monica Alicia Rodriguez (Defendant) FILE NUMBER(S) : SC 4363 of 2003 COUNSEL : Mr. J. Anderson/Mr. T. Hall (Plaintiff) Mr. J. Armfield/Ms. F. Sinclair (Defendant) SOLICITORS : Cabarrus & Associates (Plaintiff) HAL (Defendant)