Bhupinder Sekhon v Sharanjit Kaur Sekhon [2007] NSWSC 875

New South Wales Supreme Court

CITATION : Bhupinder Sekhon v Sharanjit Kaur Sekhon [2007] NSWSC 875

HEARING DATE(S) : 30-31 July 2007; and 1-3 August 2007

JUDGMENT DATE : 6 August 2007

JURISDICTION : Equity Division

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 6 August 2007

DECISION : See paras 134, 138, 140-141, 143 of judgment.

CATCHWORDS : EQUITY – Trusts and trustees – Implied trusts – Resulting trusts – When arising – Property purchased in one name and subsequently transferred to joint names – Where contribution to initial purchase price not established – Where transfer to joint names gives rise to inference that parties intended that beneficial interest of parties is commensurate with legal title – Held that beneficial interest in property commensurate with legal title. - REAL PROPERTY – Statutory trust for sale. - INDEMNITY – Right of surety – Obligations incurred on request and without consideration – Common law right of indemnity – Held that party who requested and received benefit of payment liable to indemnify mortgagor in respect of amount of mortgage proportionate to benefit received. - MORTGAGES – Remedies of the mortgagor – Contribution between mortgagors. - CONTRACTS – Construction and interpretation of contracts – Whether payments of moneys constituted loans or gifts. - (NSW) Conveyancing Act 1919, s 66G

LEGISLATION CITED : Conveyancing Act 1919 (NSW) Civil Procedure Act 2005 (NSW)

CASES CITED : Calverley v Green (1984) 155 CLR 242 Dinsdale bht Protective Commissioner v Arthur (2006) 12 BPR 23,509

Bhupinder Sekhon PARTIES : v Sharanjit Kaur Sekhon