Sirtes v Pryer [2005] NSWSC 1082

New South Wales Supreme Court

CITATION : Sirtes v Pryer [2005] NSWSC 1082

HEARING DATE(S) : 26, 27, 29, 30 September 2005

JUDGMENT DATE : 25 October 2005

JURISDICTION : Supreme Court Equity Division

JUDGMENT OF : Burchett AJ at 1

DECISION : See para 26

CATCHWORDS : Equity upon loss of substratum of arrangement under principle of Muschinski v Dodds - quantum of equitable charge - whether based on amount of expenditure upon improvement of property of chargee or upon amount of the increase in value of the property - whether there is a general principle applicable to both promissory estoppel cases and Muschinski v Dodds cases - effect of failure of marriage upon transfer of interest in her home by a mother-in-law to her daughter-in-law - order for transfer back to mother-in-law subject to equitable charge in favour of her son and daughter-in-law measured by the increase in the value of the property by virtue of building works carried out by the son and daughter-in-law.

LEGISLATION CITED : Property (Relationships) Act 1984 (NSW)

Baumgartner v Baumgartner (1987) 164 CLR 137 at 148 Burgess v King [2005] NSWSC 231 at [16] Crabb v Arun District Council {1976} Ch 179 at 198 Forgeard v Shanahan (1994) 35 NSWLR 206 at 223 Giumelli v Giumelli (1999) 196 CLR 101 at 122-125 Henderson v Miles (No 2) [2005] NSWSC 867 Hogan v Baseden (1997) 8 BPR 15,723 at 15,726 CASES CITED : Houghton v Immer (No 155) Pty Ltd (1997) 44 NSWLR 46 at 56 Knox v Knox (Young J, unrep 16/12/1994) Muschinski v Dodds (1985) 160 CLR 583 at 620 Nichols v Nichols (1986) 4 BPR 9240 at 9244 Pascoe v Turner [1979] 1 WLR at 438 The Commonwealth v Verwayen (1990) 170 CLR 394 Waltons Stores (Interstate) Limited v Maher (1988) 164 CLR 387 at 404