Shah v Sanjiv [2014] NSWSC 1535

Supreme Court New South Wales

Medium Neutral Citation: Shah v Sanjiv [2014] NSWSC 1535 Hearing dates: 22 October 2014 Decision date: 22 October 2014 Jurisdiction: Equity Division - Duty List Before: White J Decision: 1.Summons dismissed. 2.Plaintiff pay the defendant's costs. Catchwords: REAL PROPERTY - application for appointment of trustees for sale - Conveyancing Act 1919 (NSW) s 66G; EQUITY - trusts and trustees - resulting trusts - presumption of advancement - where defendant wife sole registered proprietor of land purchased by plaintiff and defendant as married couple - where proceedings commenced by summons and did not seek declaration that plaintiff had any beneficial interest in property - where related proceedings currently before Family Court of Australia - application dismissed Legislation Cited: Conveyancing Act 1919 (NSW) Family Law Act 1975 (Cth) Conveyancing Act 1919 (NSW) Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) Civil Procedure Act 2005 (NSW) Cases Cited: Ross v Ross [2010] NSWCA 301 Calverley v Green (1984) 155 CLR 242 Napier v Public Trustee WA (1980) 32 ALR 153 Currie v Hamilton [1984] 1 NSWLR 687 Black Uhlans Inc v New South Wales Crime Commission & Ors [2002] NSWSC 1060 Shepherd v Doolan [2005] NSWSC 42 Neilson v Letch (No. 2) [2006] NSWCA 254 Pettitt v Pettitt [1970] AC 777 Gissing v Gissing [1971] AC 886 Green v Green (1989) 17 NSWLR 343 Young v Lalic [2006] NSWSC 18 Song v Shi [2011] NSWSC 1207 Category: Principal judgment Parties: Sanjiv Shah (Plaintiff) Rekha Sanjiv (Defendant) Representation: Counsel: K Spencer, solicitor (Plaintiff) A Murphy (Defendant) Solicitors: Spencer & Co Legal (Plaintiff) Slater & Gordon (Defendant) File Number(s): 2014/290741