Frederick John Jones v Jennifer May Moss [2007] NSWSC 969

New South Wales Supreme Court

CITATION : Frederick John Jones v Jennifer May Moss [2007] NSWSC 969

HEARING DATE(S) : 9 & 10 August 2007

JUDGMENT DATE : 13 August 2007

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 13 August 2007

DECISION : Parties to bring in short minutes of order in accordance with these reasons.

CATCHWORDS : EQUITY – General principles – Mistake – No relevant mistake – Grounds for rectification or setting aside of contract not established.EQUITY – Unconscionable Conduct – Plaintiff under no disability or significant disadvantage of which defendant took advantage. - CONTRACTS – Unjust contracts – When contract "unjust" – Where terms of contracts not reasonable due to their effect – Unreasonableness of terms foreseeable at time of contracting – Consideration of public interest – Plaintiff transferred house and all household furnishings, and goods to his daughter, to ensure sons could have no claim after his death – Plaintiff entitled to live on property provided he paid all outgoings – Defendant paid arrears of rates – Defendant not liable to pay for repairs – Plaintiff unable to pay outgoings and repairs needed to keep the property in habitable condition - Held that contracts unjust notwithstanding that defendant innocent of any improper conduct – Plaintiff to repay defendant her expenditure on the land – Defendant entitled to a charge to secure repayment. - (NSW) Contracts Review Act 1980, ss 7, 8 and 9(NSW) Residential Tenancies Act 1987, ss 3 and 6(1)(a)

Contracts Review Act 1980 (NSW) LEGISLATION CITED : Family Provision Act 1982 (NSW) Residential Tenancies Act 1987 (NSW)