Hamed v Elddin [2016] NSWCA 9

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Hamed v Elddin [2016] NSWCA 9 Hearing dates: 2 February 2016 Decision date: 12 February 2016 Before: Meagher JA; Gleeson JA; Sackville AJA Decision: 1. Dismiss the summons seeking leave to appeal. 2. Order that the applicant pay the respondent's costs of the application (and concurrent hearing). 3. Direct that the applicant provide, within fourteen days, a copy of this judgment to Mark Damien Charles Roufeil and Andrew John Scott, as the trustees in bankruptcy for Mr Mohamed Hamed. Catchwords: REAL PROPERTY – whether applicant has equitable interest in premises – whether applicant contributed to the purchase price of premises – whether presumption of resulting trust in favour of applicant – no evidence applicant contributed in own right to purchase price – no evidence that contributions were provided by applicant in character of purchaser – application for leave to appeal denied Legislation Cited: Bankruptcy Act 1966 (Cth), ss 58(1)(b), 60(1)(b), 60(3)(b) Civil Procedure Act 2005 (NSW), s 56(1), (2) Supreme Court Act 1970 (NSW), ss 63, 101(2)(r) Cases Cited: Calverley v Green [1984] HCA 81; 155 CLR 242 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd [2010] HCA 19; 241 CLR 1 Oertel v Crocker [1947] HCA 40; 75 CLR 261 Category: Principal judgment Parties: Rina Hamed (Applicant) Moustafa Elddin (Respondent) Representation: Counsel: Mr P Lange (Applicant) Mr CP O'Neill (Respondent)