Higashida v Sato [2014] NSWSC 1291

Supreme Court New South Wales

Medium Neutral Citation: Higashida v Sato [2014] NSWSC 1291 Hearing dates: 2 - 3 September 2014 Decision date: 22 September 2014 Jurisdiction: Equity Division Before: Darke J Decision: Declarations to be made that the defendant holds certain chattels on a resulting trust for the plaintiff, and orders for delivery up. Catchwords: EQUITY - trusts - resulting trusts - purchase of asset in name of de facto partner - presumption of resulting trust - whether presumption rebutted Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: Calverley v Green [1984] HCA 81; (1984) 155 CLR 242 The Trustees of the Property of Cummins v Cummins and Another [2006] HCA 6; (2006) 227 CLR 278 Category: Principal judgment Parties: Morihiro Higashida (plaintiff) Mai Sato (defendant) Representation: Counsel: Mr M W Young SC (plaintiff) Mr D Oliveri (solicitor) (defendant) Solicitors: Dixon Holmes Lawyers (plaintiff) Yamamoto Attorneys (defendant) File Number(s): 2013/378926 Publication restriction: Nil

JUDGMENT

Introduction 1By a Statement of Claim filed on 17 December 2013, the plaintiff seeks declarations to the effect that the defendant holds two chattels (being a Toyota Prius motor vehicle, and a Silverton boat) on trust for the plaintiff. At the time the chattels were acquired, in January and August 2013 respectively, the plaintiff and the defendant were in a de facto relationship. 2The plaintiff contends that he used his own money to purchase the chattels in the name of the defendant and there is thus a presumption that the property is held on a resulting trust in his favour (see Calverley v Green [1984] HCA 81; (1984) 155 CLR 242 at 246, 255-6 and 266). 3The plaintiff pleaded that he paid the entirety of the purchase price of both the car and the boat. Those allegations were admitted by the defendant in her Defence. The defendant contends, however, that in each case it was the plaintiff's intention to give the property to her, for her exclusive use and benefit.