Marguerita Strauss v Ian Bennett [2016] NSWSC 262

Supreme Court New South Wales

Medium Neutral Citation: Marguerita Strauss v Ian Bennett [2016] NSWSC 262 Hearing dates: 8, 9, 10 February 2016 Date of orders: 17 March 2016 Decision date: 17 March 2016 Jurisdiction: Equity Before: Darke J Decision: Plaintiff entitled to order for possession and damages. Cross-claimant's equitable and contractual claims dismissed. Cross-claimant entitled to restitution of money paid in pursuance of alleged agreement. Catchwords: PRINCIPAL AND AGENT – ratification – whether agreement purportedly made by agent on behalf of principal – whether ratifying principal aware of all material circumstances of agent's actions

EQUITY – trusts and trustees – constructive trusts – contributions to property – whether contributions made as part of joint endeavour – whether contributions made on basis of an expectation created, encouraged or acquiesced in by owner that contributor owned or would come to own property Legislation Cited: Conveyancing Act 1919 (NSW), s 54A(1) Limitation Act 1969 (NSW), ss 14, 27(2) Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Howard Smith and Co Limited v Varawa (1907) 5 CLR 68 Keighley, Maxstead and Co v Durant [1901] AC 240 Khoury and anor v Khouri [2006] NSWCA 184; (2006) 66 NSWLR 241 Taylor v Smith (1926) 38 CLR 48 Texts Cited: J W Carter, Contract Law in Australia (6th ed 2013, LexisNexis Butterworths) G E Dal Pont, Law of Agency (3rd ed 2013, LexisNexis Butterworths) S J Stoljar, The Law of Quasi-Contract (2nd ed 1989, Law Book Company) P Watts and F M B Reynolds, Bowstead and Reynolds on Agency (20th ed 2014, Sweet & Maxwell) Category: Principal judgment Parties: Marguerita Strauss (Plaintiff/Cross Defendant) Ian Bennett (Defendant/Cross Claimant) Representation: Counsel: Mr N Smith (Plaintiff/Cross Defendant) Mr C Simpson (Defendant/Cross Claimant)