NSW Caselaw
New South Wales Supreme Court
CITATION : McFarland v Byron [2005] NSWSC 1038
HEARING DATE(S) : 28 February, 1 and 2 March, 22 June 2005
JUDGMENT DATE : 27 October 2005
JURISDICTION : Equity Division
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : 1. I stand the matter over to a date fixed by arrangement with my Associate, for the bringing in of Short Minutes to reflect my foregoing conclusions, and for arguments as to costs.
CATCHWORDS : Equity. - Trusts. - Real property purchased by parties as joint tenants. - Source of funding of purchase price. - Death of one joint tenant. - Whether legal title reflects beneficial interests of parties. - Whether interest of any party was held on either an express trust or a constructive trust for one or more of the other parties. - Family Law. De facto relationship between Plaintiff and First Defendant. Respective contributions of Plaintiff and First Defendant to acquisition, conservation and improvement of property and in capacity of homemaker. - Whether interests of those parties should be adjusted.
Conveyancing Act 1919 LEGISLATION CITED : Property (Relationships) Act 1984
Allen v Snyder [1977] 2 NSWLR 687 Baumgartner v Baumgartner (1987) 164 CLR 137 CASES CITED : Davey v Lee (1990) 13 Fam LR 688 Muschinski v Dodds (1985) 164 CLR 137
Naomi Rada McFarland (Plaintiff) PARTIES : Michael Byron (First Defendant) Stephen McFarland (Second Defendant)
FILE NUMBER(S) : SC 2045 of 2003
Ms. J. M. G. Housego (Plaintiff) COUNSEL : Mr R. E. Quickenden (First Defendant) Mr S. M. Stewart (Second Defendant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate