Steven Faraday v Thomas Gabor Rappaport & 2 Ors;Steven Faraday v Thomas Gabor Rappaport ;Rosalia Rappaport by her tutor Thomas Gabor Rappaport v Steven Faraday [2007] NSWSC 34

New South Wales Supreme Court

CITATION : Steven Faraday v Thomas Gabor Rappaport & 2 Ors;Steven Faraday v Thomas Gabor Rappaport ;Rosalia Rappaport by her tutor Thomas Gabor Rappaport v Steven Faraday [2007] NSWSC 34

HEARING DATE(S) : 7-11/08/06, 14-17/08/06, 21/02/07 and written submissions.

JUDGMENT DATE : 7 March 2007

JURISDICTION : Equity Division

JUDGMENT OF : White J

DECISION : See paragraphs 291-294 of judgment.

CATCHWORDS : CONTRACTS – Plaintiff in proceedings no. 2649/02 claimed beneficial interest in properties in New South Wales and Queensland held by third defendant on trust for first and second defendants – Where plaintiff paid moneys to first defendant for purposes of property investment but did not reach agreement with defendant that plaintiff should have any defined beneficial interest in properties – Where no compliance with ss 23C or 54A Conveyancing Act 1991 (NSW) or ss 11 or 59 Property Law Act 1974 (Qld) – Where no evidence of acts of part performance – Khoury v Khouri [2006] NSWCA 184 applied – Held that plaintiff not entitled to beneficial interest in properties - CONTRACTS – Agreements not intended to create legal relations – Domestic, social and other agreements – Plaintiff in proceedings no. 3668/03 claimed that defendant agreed to leave property to plaintiff upon defendant's death in exchange for moneys contributing towards purchase price of property – Whether plaintiff and defendant intended to create legal relations – Held that plaintiff contributed moneys to defendant as gift - LIMITATION OF ACTIONS – Plaintiff in proceedings no. 3668/03 claimed that defendant failed upon demand to return moneys and goods given to defendant for safekeeping – Plaintiff's claim in detinue – Plaintiff's claim statute-barred by virtue of ss 14 and 21 Limitation Act 1969 (NSW) – No questions of principle.