Chapman v Chapman [2014] NSWSC 1140

Supreme Court New South Wales

Medium Neutral Citation: Chapman v Chapman [2014] NSWSC 1140 Hearing dates: 20 August 2014 Decision date: 20 August 2014 Jurisdiction: Common Law Before: Adamson J Decision: 1. Order judgment for the plaintiff, Mackton Hugh Chapman for possession of the land comprised in Certificate of Title Lot 3 of Section E in Deposited Plan 2304 at Dudley, being the land situated at and known as 19 Gardner Street, Dudley in the State of New South Wales. 2. Order the defendant to pay the plaintiff's costs. 3. Order that the order for possession may be taken out forthwith. Catchwords: POSSESSION - joint tenancy between plaintiff and plaintiff's wife not severed - the plaintiff did not give the property to his wife as part of a marriage settlement - on death of plaintiff's wife property passed by survivorship to the plaintiff - in any event the plaintiff was the beneficiary of his wife's estate - s 13 of the Succession Act 2006 (NSW) not applicable as decree absolute of dissolution of marriage occurred before 1 March 2008 - order for possession granted Legislation Cited: Family Law Act 1975 (Cth) Land Title Act 1994 (Qld) Real Property Act 1900 (NSW), ss 74J, 97 Succession Act 2006 (NSW), ss 13, 63, 75, 76, Sch 1 Cases Cited: Abela v Public Trustee [1983] 1 NSWLR 308 Corin v Patton (1990) 169 CLR 540 Patton v Corin (1987) 13 NSWLR 10 Peldan v Anderson [2006] HCA 48; 227 CLR 471 Public Trustee v Pfeiffle [1991] 1 VR 19 Scott v Scott [2009] NSWSC 567 Category: Principal judgment Parties: Mackton Hugh Chapman (Plaintiff) Debra Ann-Marie Chapman (Defendant Representation: Counsel: EA Walker (Plaintiff) Defendant in person Solicitors: Evans & Wislang (Plaintiff) File Number(s): 2013/349839 Publication restriction: Nil