Josipovic v Lezaich [2013] NSWSC 713

Supreme Court New South Wales

Medium Neutral Citation: Josipovic v Lezaich [2013] NSWSC 713 Hearing dates: 30 May 2013 Decision date: 31 May 2013 Jurisdiction: Equity Division Before: Lindsay J Decision: Short Minutes of Orders to be brought in providing, inter alia, for (1) a declaration that, subject to a charge in favour of the defendant, the defendant holds his legal interest in land on trust for the plaintiff; and (2) orders for sale of the land as soon as may be practicable Catchwords: Equity - Trusts and trustees - Implied trusts - When arising - Purchase in another name - Plaintiff is entitled to presumption of resulting trust upon paying for subject property - Work undertaken by defendant subsequent to acquisition of property gives rise to equitable estoppel operating in his favour - Whether defendant's occupation of property cancels his equitable interest - Whether defendant is entitled to defence of laches. Legislation Cited: Conveyancing Act 1919 NSW, s 66G Cases Cited: Calverley v Green (1984) 155 CLR 242 at 265-267 Muschinski v Dodds (1985) 160 CLR 583 at 598-599, 612 and 624 Giumelli v Giumelli (1999) 196 CLR 101; Delaforce v Simpson-Cook (2010) 78 NSWLR 483 at 488 [21] and 492 [55]- - 494 [69] Forgeard v Shanahan (1994) 35 NSWLR 206 at 222 B-C and 223A-E. Orr v Ford (1989) 167 CLR 316 at 330 and 340-342 . Category: Principal judgment Parties: Branka Josipovic (Plaintiff) Rajko Lezaich (Defendant) Representation: DJ Barnett (Plaintiff) M Boyd, Solicitor (Defendant) MJO Legal (Plaintiff) Prichard Lawyers (Defendant) File Number(s): 2012/00083914