Frederick Rix v Lisa Mahony & Ors [2011] NSWSC 1308

Supreme Court New South Wales

Medium Neutral Citation: Frederick Rix v Lisa Mahony & Ors [2011] NSWSC 1308 Hearing dates: 19 and 20 September 2011 Decision date: 02 November 2011 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Plaintiff entitled to 25% of gross proceeds of sale as adjusted in prayer 4(a) of the Further Amended Summons Catchwords: [RES JUDICATA] ESTOPPEL] - whether plaintiff precluded from bringing proceedings by reason of earlier proceedings in relation to plaintiff's interest in same property [LAND LAW] - land transferred to daughter and son-in-law - claim that plaintiff held beneficial interest in land as joint tenant with estranged spouse - whether deemed to be held as tenant in common [TRUSTS] - whether presumption of advancement rebutted - parties intentions at time of transfer of land - whether resulting trust Legislation Cited: Conveyancing Act 1919 Cases Cited: Abela v Public Trustee [1983] 1 NSWLR 308 Blair v Curran (1939) 62 CLR 464 Calverly v Green (1984) 155 CLR 242 Delehunt v Carmody (1986) 161 CLR 464 D.K.L.R. Holding Co. (No. 2) Pty Ltd v The Commissioner of Stamp Duties (New South Wales) (1982) 149 CLR 431 Henderson v Henderson (1843) 67 E.R. 313 Port of Melbourne Authority v Anshun Pty Ltd (1981) 147 CLR 589 Rix v Mahony [2009] NSWSC 675 Texts Cited: Professor Peter Butt, Land Law, 6th Ed (Law Book Co, 2010) Category: Principal judgment Parties: Frederick George Rix (Plaintiff) Lisa Jane Mahony (1st Defendant) Dennis Anthony Mahony (2nd Defendant) Malcolm George Brown (3rd Defendant) Romano Di Donato (4th Defendant) Representation: W Washington/BBP Palmer (Plaintiff) G Kennett SC/F Ramsay (1st and 2nd Defendants) Benjamin & Khoury (Plaintiff) Paul Wells & Co (1st and 2nd Defendants) File Number(s): 2011/86859 Publication restriction: Nil