White v O'Neill [2010] NSWSC 1193

New South Wales Supreme Court

CITATION : White v O'Neill [2010] NSWSC 1193

HEARING DATE(S) : 28, 29, 30 September 2010

JUDGMENT DATE : 22 October 2010

JUDGMENT OF : Bryson AJ at 1

1. Declare that the Defendant holds the property in Gilbert Avenue, Gorokan the land in Folio Identifier 2/SP36223 upon trust for the plaintiff. DECISION : 2. Order that the Defendant forthwith create and deliver to the Plaintiff or her solicitors a transfer in registrable form of the land in Folio Identifier 2/SP36223 and take all the steps necessary to bring about its registration. 3. Order that the Defendant pay the Plaintiff's costs of the proceedings on the Plaintiff's claim. 4. Dismiss the cross-claim with costs.

CATCHWORDS : DE FACTO RELATIONSHIP – application for adjustment of property interests – defendant's contributions to plaintiff's asset position are entirely outweighed by advantages he has derived from occupation, without payment of rent, of property – no order in defendant's favour. - DEFENCES – illegality – whether defendant was registered proprietor for purpose of evading capital gains tax or concealing assets in relation to social security benefits – title to property not arranged for illegal purpose. - TRUSTS – resulting or constructive trust – proof of beneficial ownership – defendant holds legal interest – plaintiff contributed whole purchase price – no arrangement or expression of intention for defendant to have life interest – plaintiff did not manifest intention to confer beneficial ownership on defendant – plaintiff is beneficial owner of property.

Conveyancing Act 1919 LEGISLATION CITED : Property (Relationships) Act 1984 Social Security Act 1991 (Cth)