Welch v Welch [2012] NSWSC 1128

Supreme Court New South Wales

Medium Neutral Citation: Welch v Welch [2012] NSWSC 1128 Hearing dates: 3 to 5 September 2012 Decision date: 21 September 2012 Before: Ball J Decision: The plaintiff's claim be dismissed with costs. Catchwords: CONTRACT - where plaintiff has failed to prove terms of contract - where plaintiff has not pleaded any breach - contractual claim must fail. ESTOPPEL - proprietary estoppel by encouragement - where plaintiff does not plead essential elements of estoppel - where plaintiff has not identified assumption upon which she relied and detriment suffered because of this reliance - estoppel claim fails. TRUSTS - remedial constructive trust - principle in Baumgartner v Baumgartner - failure to prove defendants retained any benefit from contributions made by plaintiff - no constructive trust. Cases Cited: Ashton v Pratt (No 2) [2012] NSWSC 3 Baumgartner v Baumgartner (1987) 164 CLR 137 Fleming v State of New South Wales (Supreme Court of New South Wales, 10 November 1997, Young J, unreported) Muschinski v Dodds (1985) 160 CLR 583 Tadrous v Tadrous [2012] NSWCA 16 Van Dyke v Sidhu [2012] NSWSC 118 Waldock v Waldock [2012] NSWSC 258 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Category: Principal judgment Parties: Amanda May Welch (Plaintiff) Phillip Augustine Welch (First Defendant) Janna Welch (Second Defendant) Estate of the Late Jimi Welch (Third Defendant) Representation: S A Benson (Plaintiff) M J Watts (Defendants) Kelso's The Lawyers (Plaintiff) Mylne Lawyers (First and Second Defendants) File Number(s): 2011/124355