NSW Caselaw
New South Wales Supreme Court
CITATION : VELLA v. MINEO [2005] NSWSC 1149
HEARING DATE(S) : Thursday 2 June 2005; Friday 3 June 2005
JUDGMENT DATE : 25 November 2005
JURISDICTION : Equity
JUDGMENT OF : Hall J at 1
DECISION : Plaintiff's statement of claim dismissed. Order to be entered in favour of the cross-claimant pursuant to s.20(1) of the Property Relationships Act in the amount of $405,366.
CATCHWORDS : Tenants in common in equal shares - resulting trust - presumption of resulting trust is rebutted - constructive trust - cross-claim under the Property (Relationships) Act - defacto relationship - plaintiff/cross-defendant had a series of strokes - defendant/cross-claimant performed role of carer - allowance made for need to provide education expenses for 10 year old son - plaintiff/cross-defendant provided the home for the plaintiff/cross-defendant and defendant/cross-claimant - defendant/cross-claimant made substantial contributions as homemaker and parent - allowance made for defendant/cross-claimant's legacy received by her.
Conveyancing Act 1919 LEGISLATION CITED : Property (Relationships) Act 1984
Muschinski v. Doods (1985) 160 CLR 583 Baumgartner v. Baumgartner (1987) 164 CLR 137 West v. Mead [2003] NSWSC 161 Atwood v. Maude (1868) LR 3 CH. app. 369 Lyon v. Tweedle (1881) 17 Ch.D. 529 Calverley v. Green (1984) 155 CLR 242 Currie v. Hamilton (1984) 1 NSWLR 687 Black Uhlans Inc. NSW Crime Commission [2002] NSWSC 1060 Marshall v. Grimsley (1956) 95 CLR 353 Martin v. Martin (1959) 110 CLR 304 Singh v. Singh [2004] NSWSC 109 Wallace v. Stanford (1995) 37 NSWLR 1 CASES CITED : Powell v. Supresencia (2003) 30 Fam LR 463 Dwyer v. Kaljo (1987) Fam LR 785 Evans v. Marmont (1997) 42 NSWLR 70 Sullman v. Sullman [2002] NSWSC 169 Magera v. Macintosh [2005] NSWSC 314 MacDonald v. Stelzer (2000) 27 Fam LR 304 Jones v. Grech (2001) 27 Fam LR 711 Matheson v. Wallis (2001) 48 Fam LR 290 Green v. Robinson (1995) 36 NSWLR 96 Mallett v. Mallett (1984) 156 CLR 605 Black v. Black (1991) 15 Fam LR 109 Howlett v. Neilson [2005] NSWCA 149
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