Rix v Mahony (No 2) [2012] NSWCA 332

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Rix v Mahony (No 2) [2012] NSWCA 332 Hearing dates: 30 July 2012 Decision date: 17 October 2012 Before: Campbell JA at [1]; Meagher JA at [2]; Barrett JA at [30]. Decision: (1) Appellant's notice of motion filed on 18 July 2012 dismissed. (2) Appeal dismissed. (3) Appellant pay the costs of the first and fifth respondents of the appeal and of that notice of motion. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: REAL PROPERTY - transfer of land from parents to daughter and son-in-law for no consideration - whether daughter held one-half share on trust for parents as joint tenants - parents living apart - no intention to hold jointly Legislation Cited: Conveyancing Act 1919 Cases Cited: Abela v Public Trustee [1983] 1 NSWLR 308 Delehunt v Carmody [1986] HCA 67; 161 CLR 464 DKLR Holding Co (No 2) Pty Ltd v Commissioner of Stamp Duties (NSW) [1982] HCA 14; 149 CLR 431 Newcastle City Council v Kern Land Pty Ltd (1997) 42 NSWLR 273 Rix v Mahony [2009] NSWSC 675 Rix v Mahony [2011] NSWSC 1308 Rix v Mahony [2012] NSWCA 241 Category: Principal judgment Parties: Frederick George Rix (Appellant) Lisa Jane Mahony (First Respondent) Mark Edward Rix (Second Respondent) Malcolm George Brown (Third Respondent) Romano di Donato (Fourth Respondent) Dennis Anthony Mahony (Fifth Respondent) Representation: Counsel: Self-represented (Appellant) Mr G R Kennett SC, Ms F Ramsay (First and Fifth Respondents) No appearance (Second, Third and Fourth Respondents) Solicitors: Self-represented (Appellant) Paul Wells & Co (First and Fifth Respondents) File Number(s): 2011/86859 Decision under appeal Citation: [2011] NSWSC 1308 Date of Decision: 2011-11-02 00:00:00 Before: Bergin CJ in Eq File Number(s): 2011/86859