Merle Gwynneth Grant v Alan Grant [2012] NSWSC 725

Supreme Court New South Wales

Medium Neutral Citation: Merle Gwynneth Grant v Alan Grant [2012] NSWSC 725 Hearing dates: 10 May 2012 Decision date: 28 June 2012 Jurisdiction: Equity Division Before: Gzell J Decision: Wife entitled to specific performance of heads of agreement Catchwords: FAMILY LAW AND CHILD WELFARE - The Family Law Act 1975 (Cth) and Related Legislation - breakdown of marriage - husband brought equity suit for declaratory and other relief with respect to the property of the parties - settled by heads of agreement with deed to follow during mediation - husband refused to execute deed - wife sought specific performance - whether in 1st or 3rd category under Masters v Cameron - maintenance agreement but not a financial agreement - whether s 86A of the Family Law Act rendered it unenforceable - whether validated by s 29(1) of the Civil Procedure Act 2005 - whether maxim that equity will not allow a statute to be used as a cloak for fraud applied Legislation Cited: Family Law Act 1975 (Cth) Civil Procedure Act 2005 Statute of Frauds 1677 (29 Car II c 3) Cases Cited: Masters v Cameron (1954) 91 CLR 353 Baulkham Hills Private Hospital Pty Ltd v GR Securities Pty Ltd (1986) 40 NSWLR 622 Cacace v Bayside Operations Pty Ltd [2006] NSWSC 572 Kostres v Kostres [2009] FamCAFC 22; (2009) 42 Fam LR 336 Maddison v Alderson (1883) 8 App Cas 467 Frame v Dawson (1807) 14 Ves 386 at 387; (1807) 33 ER 569 Nelson v Nelson (1995) 184 CLR 538; Fitzgerald v FJ Leonhardt Pty Ltd (1997) 189 CLR 215 Ash Street Properties Pty Ltd v Pollnow (1987) 9 NSWLR 80 Dent v Moore (1919) 26 CLR 316 Texts Cited: Meagher, Gummow and Lehane's Equity Doctrines & Remedies, 4th ed (2002), Butterworths LexisNexis Category: Principal judgment Parties: Merle Gwynneth Grant (Plaintiff) Alan Grant (Defendant) Representation: Counsel: J Steele (Plaintiff) F Assaf (Defendant) Solicitors: Lockhart Quinn & Co (Plaintiff) Jackson Lalic Solicitors (Defendant) File Number(s): SC 2011/366638