Jones v McQuilkin [2006] NSWSC 628

New South Wales Supreme Court

CITATION : Jones v McQuilkin [2006] NSWSC 628

HEARING DATE(S) : 16/06/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 06/16/2006

DECISION : Upon the defendant filing a notice of motion, order extending caveat vacated, order made to remove caveat from title, and order made that plaintiff pay defendant's cost.

CATCHWORDS : CONVEYANCING - Land Titles under the Torrens system - Caveats against dealings - Parties in de facto relationship decide to purchase and renovate a house as a joint venture - Contract in both names - Subsequent decision to purchase in the name of defendant alone - Plaintiff a builder - He carries out restoration work - He invoices defendant for work, mostly with a margin on cost, but a low one - Defendant pays invoices until she runs out of money - Plaintiff pays third parties $42,360 because of strong business relationship with them - Relationship breaks down - Plaintiff lodges caveat claiming equitable interest as "beneficial interest by way of contribution to acquisition and improvement of property" - Plaintiff made no contribution to acquisition of property - Order made extending caveat until further order - Whether caveat justified by way of estoppel in that plaintiff, upon assertion of joint venture, acted to his detriment by working for a low margin - Whether defendant received an "equitable windfall" - Whether property subject to a constructive trust - Whether plaintiff entitled to an equitable lien - Defendant filed no notice of motion

Henderson v Miles (No 2) [2005] NSWSC 867 CASES CITED : Baumgartner v Baumgartner (1987) 164 CLR 137 Morris v Morris (1982) 1 NSWLR 61

PARTIES : Richard Mark Jones - Plaintiff Sarah Andrea McQuilkin - Defendant