Hutchison v Turnbull [2006] NSWSC 686

New South Wales Supreme Court

CITATION : Hutchison v Turnbull [2006] NSWSC 686

HEARING DATE(S) : 04/07/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 07/04/2006

DECISION : Application dismissed with costs.

CATCHWORDS : CONVEYANCING - Land Titles under the Torrens System - Caveats against Dealings - Application to extend caveat - Respondent owned house into which applicant moved and established a relationship that lasted 2.5 years - In that time applicant contributed $8,000 to mortgage repayments and an unspecified amount on repairs and renovations - Caveat claimed a constructive trust - No evidence that house to become a joint investment - No evidence of intention of respondent to hold in trust for applicant to extent of his contributions - Whether unconscionable for respondent to sell her house unencumbered - Whether caveat should be treated as protecting a resulting trust or an equitable charge - Whether a serious issue to be tried - Whether balance of convenience favoured extension of the caveat

LEGISLATION CITED : Property (Relationships) Act 1984

Muschinski v Dodds (1985) 160 CLR 583 CASES CITED : Windella (NSW) Pty Ltd v Hughes (1999) 49 NSWLR 158 Morris v Morris (1982) 1 NSWLR 61

PARTIES : Paul Hutchison - Plaintiff Loren Julie Turnbull - Defendant

FILE NUMBER(S) : SC 3539/06

COUNSEL : Ms L Goodchild - Plaintiff Mr G McVay - Defendant

SOLICITORS : Dribbus Kovacevic Lawyers - Plaintiff

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

TUESDAY 4 JULY 2006

3539/06 PAUL HUTCHISON v LOREN JULIE TURNBULL EX TEMPORE JUDGMENT 1 The plaintiff and the defendant were in a relationship which lasted for approximately two and a half years. The relationship broke down. 2 The defendant was advised that the plaintiff intended to sell a property, and the plaintiff lodged a caveat over it. A lapsing notice was served. The caveat, unless extended, will expire today. 3 The plaintiff has brought an application for the extension of the caveat. The caveat identifies a claimed interest in the land in these terms: "The caveator claims an equitable interest pursuant to a constructive trust arising from payment by the caveator of mortgage repayments and other sums of money towards the property."