Peter Robert Boord v Ivy Wang [2011] NSWSC 1131

Supreme Court New South Wales

Medium Neutral Citation: Peter Robert Boord v Ivy Wang [2011] NSWSC 1131 Hearing dates: 16 June 2011, 17 June 2011 Decision date: 14 October 2011 Jurisdiction: Equity Division Before: Sackar J Decision: See paras 67 and 68 of Judgment Catchwords: Division of Property - Property Relationships Act 1984 - Defacto Relationship Trust and Equitable Division of Property Legislation Cited: Property Relationships Act 1984 Cases Cited: Baker v Towle [2008] NSWCA 73 Howlett Neilson [2005] NSWCA 149 Manns v. Kennedy [2007] NSWCA 217 Kardos v Sarbutt [2006] NSWCA 11 Category: Principal judgment Parties: Peter Robert Boord - plaintiff Ivy Wang - defendant Representation: Counsel G McGrath SC - plaintiff Ms M Gillies - defendant Solicitors Smith Reid Attorneys - plaintiff Hamish Cumming Family Lawyers - defendant File Number(s): 2009/291482

Judgment

The Proceedings 1In his summons of 20 November 2009 the plaintiff Mr Peter Boord ("Boord") sought that trustees be appointed in relation to a property known as 35 Commodore Street, Newtown. He sought that the property be vested in the trustees subject to encumbrances and held by the trustees on a statutory trust for sale. 2In a cross summons the defendant as cross claimant, Ms Ivy Wang, ("Wang") sought the stay of the plaintiff's summons. She also sought pursuant to section 20 of the Property (Relationships) Act 1984 ("the Act") that the parties do all things necessary for the purposes of transferring the property at 35 Commodore Street, Newtown into her sole name. Otherwise she sought that the plaintiff's summons be dismissed. 3In a second cross claim, Boord sought an order pursuant to the Act that he be appointed trustee for the sale of the property and that the proceeds of the sale after discharge of the registered mortgage and payments of costs of sale be distributed: (i)As to 37% to Boord; and (ii)As to the remainder to Wang. 4In the alternative he sought an order that the defendant pay the plaintiff the sum equivalent to 37% of the net value of the property and thereafter upon payment so that he would transfer his interest in the property to Wang.