Young v Lalic [2006] NSWSC 18

Reported Decision : 197 FLR 27

New South Wales Supreme Court

CITATION : Young v Lalic [2006] NSWSC 18 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 10/10/05, 11/10/05, 10/11/05, 11/11/05, 16/12/05

JUDGMENT DATE : 10 February 2006

JUDGMENT OF : Brereton J

DECISION : (1) Declare that the land comprised in Folio Identifier 205/785818 situate at and known as Lot 205, 125 Eagleview Road, Minto Heights, New South Wales, is charged with payment to the plaintiff of the sum of $63,866. ; (2) Give judgment that the defendants pay the plaintiff the sum of $63,866.; (3) Grant liberty to the plaintiff to apply for further orders giving effect to the charge referred to in paragraph (1) in the event that the judgment in paragraph (2) is not paid within 28 days.; (4) Order that the cross-claim be dismissed.; (5) Order that the defendants pay the plaintiff's costs.; (6) Order that the exhibits may be returned at the expiration of 28 days if no application for leave to appeal has been filed by that date.

CATCHWORDS : TRUSTS – Resulting or Constructive Trust - Tracing – Where recipient of funds does not know of receipt and provider of funds intends to retain beneficial ownership - "Windfall Equity" – EQUITY – ESTOPPEL – General principles – Equitable estoppel - Proprietary estoppel – Elements of proprietary estoppel – Creation by estoppel of subsidiary equitable interest in equitable estate itself arising by estoppel - whether remedy is to satisfy expectation, or charge – INTEREST - appropriate interest rate where constructive trustee unaware of trust property and earns interest at savings bank rate - FAMILY LAW AND CHILD WELFARE – THE FAMILY LAW ACT 1975 (CTH) AND RELATED LEGISLATION – Jurisdiction – Cross-vesting - Where Plaintiff's claim is in part a matrimonial cause – Whether Supreme Court has jurisdiction in matrimonial causes – held, it does.