Cambouya P/L v Buchanan; Buchanan v Cambouya P/L [2005] NSWSC 743

New South Wales Supreme Court

CITATION : Cambouya P/L v Buchanan; Buchanan v Cambouya P/L [2005] NSWSC 743

HEARING DATE(S) : 14, 15 & 16 December 2004

JUDGMENT DATE : 26 July 2005

JUDGMENT OF : White J

DECISION : 1. In proceeding number 3977/04 I order that there be judgment for the defendant and that the plaintiff pay the defendant's costs; 2. in proceeding number 3892/04, I direct the plaintiff to bring in short minutes of order in accordance with these reasons.

CATCHWORDS : TRUSTS AND TRUSTEES - Discretionary family trust under control of plaintiff's father - Farm property purchased by trustee - Plaintiff ran farming business on property - Expenses were paid by trustee, trustee accounted for business in its books and plaintiff received wages - Plaintiff claims that common intention with father was for plaintiff to own property beneficially - Constructive trust - Equitable charge - Whether common intention that plaintiff be beneficial owner established - Whether there was detrimental reliance by the plaintiff - Held plaintiff failed to establish common intention or detrimental reliance - Plaintiff's claim dismissed - Trustee entitled to possession.

Allen v Snyder [1977] 2 NSWLR 685 Pettitt v Pettitt [1970] AC 777 Gissing v Gissing [1971] AC 886 Green v Green (1989) 17 NSWLR 343 Brandling v Weir [2003] NSWSC 723 CASES CITED : Carruthers v Manning [2001] NSWSC 1130 Parianos v Melluish (2003) 30 Fam LR 524 Grant v Edwards [1986] Ch 638 Austin v Keele (1987) 10 NSWLR 283 Giumelli v Giumelli (1999) 196 CLR 101

Cambouya Pty Ltd v John James Buchanan PARTIES : John James Buchanan v Cambouya Pty Ltd