Pupo v Pupo; Pupo v Pupo [2015] NSWSC 1633

Supreme Court New South Wales

Medium Neutral Citation: Pupo v Pupo; Pupo v Pupo [2015] NSWSC 1633 Hearing dates: 7 April 2015; 6, 7, 8, 12 October 2015 Date of orders: 06 November 2015 Decision date: 06 November 2015 Jurisdiction: Equity Before: Hallen J Decision: In proceedings 2014/264225:

1. Order that the whole of the Statement of Claim be dismissed. 2. The parties are to make submissions on what costs orders should be made in the proceedings. 3. Direct that the Exhibits be dealt with in accordance with the Uniform Civil Procedure Rules 2005 (NSW) (rule 31.16A and rule 33.10), and Practice Note No SC Gen 18 (Para 26).

In proceedings 2014/228570:

1. Order that the whole of the proceedings be dismissed. 2. Order that the Plaintiffs' costs as agreed, in the sum of $4,000, be paid out of the proceeds of sale of the Leichhardt property. 3. Note the agreement of the parties in Paragraphs 3, 4, 5, 6, 7 and 8 of Short Minutes of Order dated 12 October 2015 signed by the legal representative of each of the parties. 4. Direct that the Exhibits be dealt with in accordance with the Uniform Civil Procedure Rules 2005 (NSW) (rule 31.16A and rule 33.10), and Practice Note No SC Gen 18 (Para 26). Catchwords: EQUITY – Trusts – Whether resulting or constructive trust – First plaintiff, the father of the Defendants alleged to have provided part of purchase price of property in name of three of his sons

EQUITY – Whether equitable lien securing alleged contributions

Court not satisfied that any contribution to purchase price made by first Plaintiff – Even if contribution made, court not satisfied of the amount of the contribution