Joan Phyllis Quinn v Susan Bryant [2011] NSWSC 1153

Supreme Court New South Wales

Medium Neutral Citation: Joan Phyllis Quinn v Susan Bryant [2011] NSWSC 1153 Hearing dates: 9 June 2011, 10 June 2011, 2 September 2011 Decision date: 14 October 2011 Jurisdiction: Equity Division Before: Sackar J Decision: See paragraphs 152 - 156 of Judgment Catchwords: Promissory estoppel - Constructive Trust - Equitable damages - Detriment - Reliance Legislation Cited: Guardianship Act 1987 Cases Cited: Muschinski v Dodds (1985) 160 CLR 583 Tasevska v Vlado (Larry) Tasevski & Anor [2011] NSWSC 174 Sullivan v Sullivan [2006] NSWCA 312 Briginshaw v Briginshaw (1938) 60 CLR 336 Browne v Dunn (1893) 6 R 67 Allied Pastoral Holdings Pty Ltd v Commissioner of Taxation [1983] 1 NSWLR 1 Steinberg and Others v Federal Commissioner of Taxation (1975) 134 CLR 640 Texts Cited: Nil Category: Principal judgment Parties: Joan Phyllis Quinn v Susan Bryant Representation: Counsel F F Salama - plaintiff R Wilson - defendant solicitors Scott Richardson, Vizzone Ruggero & Associates - plaintiff Vasso P Tsolakis, Tsolakis Solicitors - defendant File Number(s): 2011/45569

Judgment

The Proceedings 1The plaintiff and defendant in these proceedings are grandmother and granddaughter respectively. 2The plaintiff seeks a declaration that the defendant does not have any equitable interest or estate in a property known as 581 Princes Highway, Blakehurst. Further declarations are sought in respect of certain funds said to be held or received by the defendant as the result of the sale of a property previously owned by the plaintiff in Chifley. There is also a claim for equitable damages. A declaration is also sought that the defendant breached her fiduciary duties pursuant to a power of attorney executed by the plaintiff in favour of the defendant on 17 September 2009. 3The plaintiff also seeks possession of the property at Blakehurst and an order that the defendant be restrained from re-entering the premises. 4In her cross claim the defendant seeks an order that the cross defendant holds the Blakehurst property on constructive trust for the term of the cross defendant's life or such shorter period as the cross claimant shall determine. An order is also sought that the cross claimant be entitled to licence the residence for the term of the life of the cross defendant by the payment of an occupation fee or rent of $200 per week or such other amount as the court shall determine. The cross claimant makes an offer to care for or look after the cross defendant during that time but in the alternative she seeks an order for compensation in equitable damages for the detriment she has suffered or damages for breach of contract.