NSW Caselaw
New South Wales Supreme Court
CITATION : Bilson v Rogers [2008] NSWSC 469
HEARING DATE(S) : 14 May 2008
JUDGMENT DATE : 16 May 2008
JURISDICTION : Equity
JUDGMENT OF : Jagot AJ
CATCHWORDS : TRUST - resulting trust - purchase of property - unequal contribution of plaintiff and first defendant to purchase price - whether plaintiff and first defendant had common intention that beneficial interest would vest wholly in plaintiff - declaration that first defendant held the whole of his interest in property on resulting trust for plaintiff and consequential orders
CATEGORY : Principal judgment
Bloch v Bloch (1981) 180 CLR 390 Buffrey v Buffrey [2006] NSWSC 1349 CASES CITED : Calverley v Green (1984) 155 CLR 242 Muschinski v Dodds (1985) 160 CLR 583 Thornton v Hyde [2004] NSWSC 125
PLAINTIFF Sandra Gai Bilson PARTIES : DEFENDANT Stephen Peter Rogers
FILE NUMBER(S) : SC 2148 of 2007
COUNSEL : Mr C D Freeman - plaintiff No appearance - defendant
SOLICITORS : Cooke & Corry - plaintiff No appearance - defendant
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
Jagot AJ
16 May 2008
2148 of 2007 SANDRA GAI BILSON v STEPHEN PETER ROGERS JUDGMENT 1 HER HONOUR: By summons filed on 5 April 2007 the plaintiff (Sandra Gai Bilson) sought a declaration that the first defendant (Stephen Peter Rogers) held his interest in a property at Therese Circuit, Baulkham Hills on trust for the plaintiff, and consequential orders for the transfer of the defendant's interest in the property to the plaintiff.
2 The plaintiff's claims against the second defendant (Lumley General Insurance Limited) were settled by consent orders made on 25 March 2008.
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