NSW Caselaw
New South Wales Supreme Court
CITATION : Wood v Crawford [2009] NSWSC 1479
HEARING DATE(S) : 27 October 2009, 19 & 20 November 2009, 16 December 2009
JUDGMENT DATE : 24 November 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
ORDERS: DECISION : 1. The plaintiff is entitled beneficially to the Dolomite Road property but the plaintiff may only obtain the legal estate on certain terms. 2. Direct the parties to prepare short minutes of order to give effect to these reasons. 3. Grant liberty to apply.
CATCHWORDS : EQUITY - trusts and trustees - express trusts constituted inter vivos - whether defendant held property as an express trust for plaintiff - property purchased by defendant with intention of plaintiff taking over mortgage later - plaintiff made mortgage payments and paid council rates, insurances, water rates and maintenance for five years - plaintiff more than a mere tenant - equitable defences - laches - plaintiff's delay in taking four months before commencing proceedings not unreasonable - common intention found to create an express trust that the defendant would hold the property for the benefit of the plaintiff - defendant ordered to transfer property to the plaintiff on condition that the plaintiff reimburses the defendant for the defendant's mortgage and other past payments in relation to the property
LEGISLATION CITED : Residential Tenancies Act 1987 (NSW)
CATEGORY : Principal judgment
Commonwealth v Booker International Pty Limited [2002] NSWSC 292 CASES CITED : Jin v Yang [2008] NSWSC 754 Salvo v New Tel Ltd [2005] NSWCA 281 Shepherd v Doolan [2005] NSWSC 42
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