NSW Caselaw
New South Wales Supreme Court
CITATION : Clair v Munce [2007] NSWSC 419
HEARING DATE(S) : 15 March 2007 JURISDICTION : Equity Division Duty Judge List
JUDGMENT OF : Brereton J
EX TEMPORE JUDGMENT DATE : 15 March 2007
DECISION : Motion to strike out claims for relief dismissed
CATCHWORDS : DE FACTO RELATIONSHIPS – Relief claimed other than under Property (Relationships) Act – de facto parties are not limited to relief under the Act
LEGISLATION CITED : (NSW) Conveyancing Act 1919, s 66G (NSW) Property (Relationships) Act 1984, ss 7, 20
CASES CITED : Forgeard v Shanahan (1994) 35 NSWLR 206 Neilson v Letch (No2) [2006] NSWCA 254
PARTIES : Janice Margaret Clair (plaintiff) Anthony John Munce (defendant)
FILE NUMBER(S) : SC 4565/06
COUNSEL : M Tzannes (sol) (plaintiff) M Bloom (defendant)
SOLICITORS : Antunes Solicitors (plaintiff) Lighthouse Law Group (defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST
BRERETON J
Thursday, 15 March 2007
4565/06 Janice Margaret Clair v Anthony John Munce JUDGMENT (ex tempore) 1 HIS HONOUR: By Notice of Motion filed on 6 March 2007 the plaintiff Janice Margaret Clair moves for orders striking out paragraphs 4 - 10 inclusive of a cross-summons filed by the defendant/cross-claimant Anthony John Munce on 26 October 2006. The original Summons claims orders pursuant to (NSW) Conveyancing Act 1919, s 66G, for the appointment of trustees for sale of a property at Prospect. The cross-summons claims orders for the appointment of different trustees for sale of the same property, together with: (4) a declaration that the cross-defendant is indebted to the cross-claimant in the sum of $415,000; (5) orders for the taking of accounts in respect of amounts paid by the cross-claimant since 1 May 2003 by way of mortgage payments and improvements in respect of the land; (6) an order that the cross-defendant pay to the cross-claimant 50 percent of the amount found due on the taking of such accounts; (7) consequential orders for the purposes of valuation; and, alternatively, a declaration that the cross-defendant and the cross-claimant hold the land in trust for the cross-claimant absolutely.
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