O'Neill v Robertson-Staton [2015] NSWSC 1949

Supreme Court New South Wales

Medium Neutral Citation: O'Neill v Robertson-Staton [2015] NSWSC 1949 Hearing dates: 22, 23 June 2015 Date of orders: 21 December 2015 Decision date: 21 December 2015 Jurisdiction: Common Law Before: McCallum J Decision: Judgment for the plaintiff for possession of the property identified in the Statement of Claim; leave granted to issue a writ of possession forthwith, such writ not to be executed before 1 February 2016; cross-claim dismissed; defendants to pay the plaintiff's costs of her claim and of the cross-claim. Catchwords: REAL PROPERTY – possession of land – where occupant claiming constructive trust – whether registered proprietor entitled to possession forthwith

TRUSTS – constructive trusts – where mother purchased house for occupation by her adult daughter – unanticipated breakdown in relationship – claim of constructive trust of Baumgartner v Baumgartner kind – whether parties were in joint relationship or endeavour – value of parties' respective contributions Legislation Cited: Conveyancing Act 1919 (NSW), s 23C Residential Tenancies Act 2010 (NSW) Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Hill v Hill [2005] NSWSC 863 Muschinkski v Dodds (1985) 160 CLR 583 Nominal Defendant v Smith [2015] NSWCA 339 Satchithanantham v National Australia Bank [2009] NSWCA 268 Swettenham v Wild [2005] QCA 264 West v Mead [2003] NSWSC 161 Category: Principal judgment Parties: Janet Mary O'Neill (Plaintiff/Cross-Defendant) Kerri Ann Robertson-Staton (First Defendant/First Cross-Claimant) Peter Staton (Second Defendant/Second Cross-Claimant) Representation: Counsel: P Menadue (Plaintiff/Cross-Defendant) First Defendant/First Cross-Claimant in person Second Defendant/Second Cross-Claimant in person