Chau Ting Yung v Chau Ming Yung [2013] NSWSC 1089

Supreme Court New South Wales

Medium Neutral Citation: Chau Ting Yung v Chau Ming Yung [2013] NSWSC 1089 Hearing dates: 24-25 July 2013 Decision date: 12 August 2013 Jurisdiction: Equity Division Before: Kunc J Decision: Statement of Claim dismissed Catchwords: TRUSTS AND TRUSTEES - Resulting trust - Land acquired as joint tenants - Contribution by one purchaser only - Clear intention other party recorded on title in name only Cases Cited: Calverley v Green (1984) 155 CLR 242 Martin v Martin (1963-1964) 110 CLR 297 Muschinski v Dodds (1984) 160 CLR 583 Noack v Noack [1959] VR 137 Pearson v Pearson [1961] VR 693 Ryan v Dries (2002) 10 BPR 19,497 Category: Principal judgment Parties: Chau Ting Yung (Plaintiff) Chau Ming Yung (Defendant) Representation: Counsel: Chau Ting Yung (in person) T.S. Pickering (Defendant) Solicitors: Chau Ting Yung (in person) Garry Pickering (Defendant) File Number(s): 2011/287151 Publication restriction: No

Judgment

Summary and orders 1The plaintiff and the defendant were registered as joint tenants of a property at North Ryde (the "Property"). The plaintiff seeks a declaration that he and the defendant hold the Property as tenants in common in unequal shares of 80% and 20% respectively. 2At the conclusion of the hearing I made the following orders: (1)The plaintiff's statement of claim is dismissed; and (2)The plaintiff to pay the defendant's costs of and incidental to the proceedings. 3I was able to do so because it was abundantly clear on the evidence that at the time the Property was purchased the parties intended that it was to be the defendant's and the plaintiff was not to have any beneficial interest. Nothing in what subsequently occurred between them changed that. 4I now give my reasons for that conclusion. In doing so I record that while he was legally represented when the proceedings commenced and at least his initial evidence was filed, the plaintiff appeared for himself at the hearing. Mr T.S. Pickering of Counsel appeared for the defendant.