Siu v Li [2012] NSWSC 609

Supreme Court New South Wales

Medium Neutral Citation: Siu v Li [2012] NSWSC 609 Hearing dates: 14, 15, 16 May 2012 Decision date: 08 June 2012 Jurisdiction: Equity Division Before: Windeyer AJ Decision: Orders for sale of property made. Money claim dismissed. Cross claim dismissed. Catchwords: EQUITY- equitable remedies- where plaintiff paid full purchase price for defendant's new home- proceeds from the sale of the defendant's old home paid to plaintiff but significant balance still owing- plaintiff claimed whole balance payable but defendant claimed payment had discharged the debt due to the plaintiff- parties reached agreement witnessed by several church members and signed statutory declaration that plaintiff would receive 48.84% of proceeds from sale of defendant's new home and defendant would receive balance- agreement did not give plaintiff interest in property- parties to agree on appropriate orders to bring about a sale and plaintiff entitled to receive 48.84% of the proceeds.

CONTRACT- series of payments made by plaintiff to defendant over period of several years- where plaintiff claimed that every payment was by way of a loan and defendant claimed that the payments were made voluntarily by the plaintiff as gifts towards the establishment of a home church in rural China- whether moneys recoverable as loans.

FAMILY LAW AND CHILD WELFARE- Property (Relationships) Act 1984- s 5(1)(b)- whether parties in close personal relationship- whether relationship for period of 2 years- whether arrangement for free accommodation in return for non payment of purchase price of home was reward under s 5(2)(a) of Act- whether adjustment under s 20 should be made. Legislation Cited: Conveyancing Act 1919, s 66G Property (Relationships) Act 1984 Cases Cited: Hayes v Marquis [2008] NSWCA 10 Category: Principal judgment Parties: William Siu (Plaintiff) Rui Fen Li (Defendant) Representation: Counsel: