NSW Caselaw
New South Wales Supreme Court
CITATION : Rix v Mahony [2009] NSWSC 675
HEARING DATE(S) : 14/07/09, 15/07/09, 16/07/09
JUDGMENT DATE : 24 July 2009
JUDGMENT OF : Forster J at 1
DECISION : See paragraphs 63 to 67 of judgment.
CATCHWORDS : REAL PROPERTY - transfer by parents to daughter and son-in-law for nil consideration - presumption of advancement - rebuttal of presumption.
CATEGORY : Principal judgment
Brown v Brown (1993) 31 NSWLR 582 CASES CITED : Nelson v Nelson (1994) 33 NSWLR 740 Nelson v Nelson (1995) 132 ALR 133
PARTIES : Plaintiff: Frederick George Rix Defendants: Lisa Jane Mahony and Dennis Anthony Mahony
FILE NUMBER(S) : SC 5097/2008
COUNSEL : Plaintiff:G.R.Waugh Defendants: G.Kennett
SOLICITORS : Plaintiff: n/a Defendants:Paul Wells & Co Solicitors
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
FORSTER J
FRIDAY, 24 JULY 2009
5097/2008 FREDERICK GEORGE RIX v LISA JANE MAHONY & ANOR JUDGMENT 1 HIS HONOUR: The plaintiff, Frederick George Rix ("Mr Rix") is a spritely and alert 81 year old. The first defendant, Lisa Jane Mahony ("Mrs Mahony") is his daughter and the second defendant, Dennis Anthony Mahony ("Mr Mahony") is her husband. 2 The only other party to the proceedings is Mavis Harriett Rix ("Mrs Rix") who is Mr Rix's wife and Mrs Mahony's mother. Mrs Rix was only recently joined as a defendant to the proceedings in circumstances which I set out in a short judgment that I gave on the first day of the hearing, namely on 14 July 2009. I also made an order pursuant to the UCPR Part 28 rule 28.2, whereby I ordered that all questions pertaining to the rights and obligations of Mrs Rix in relation to any of the other parties be decided separately from, and after the trial of, all other questions raised in these proceedings. Mrs Rix has taken no part in the hearing before me. 3 Until shortly prior to the commencement of the hearing, Mr Rix was self-represented and was the author of his pleadings, including his Statement of Claim. Not surprisingly, Mr Rix being a layman, the Statement of Claim is not expressed in the clearest of terms, but the parties have been able to treat the document as adequately raising the issues that I have to decide. 4 When the plaintiff's case was opened by Mr G.R. Waugh of Counsel, who appeared for Mr Rix on the hearing before me, he outlined Mr Rix's claim, as set forth in the Statement of Claim, to comprise the following:
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