Isin v Ozen [2016] NSWSC 1480

Supreme Court New South Wales

Medium Neutral Citation: Isin v Ozen [2016] NSWSC 1480 Hearing dates: 12, 13, 14, and 15 September 2016 Date of orders: 20 October 2016 Decision date: 20 October 2016 Jurisdiction: Equity Before: Hallen J Decision: Orders that the Plaintiffs' claims be dismissed.

Notes that there is no dispute that the second Plaintiff holds his interest, as tenant in common, in the Property, on trust for the first Plaintiff.

Orders that the Plaintiffs pay the Defendant's costs of the proceedings.

Orders that the Exhibits should be dealt with in accordance with the Uniform Civil Procedure Rules 2005. Catchwords: EQUITY - equitable remedies - Plaintiffs sought declaration that the legal title to the estate in remainder (after grant of life estate by Deed) held on trust for first Plaintiff - whether equity would perfect a gift of real property – no gift as donors had not done everything necessary for them to have done to effect a transfer of legal title – Relevance of Deed between parties granting life estate

ESTOPPEL - whether Defendant is estopped from denying that legal title to the estate in remainder held on trust for first Plaintiff – no reliance by first Plaintiff on any assumption – no representation that property held on trust – Relevance of Deed granting life estate of the real property – Terms of Deed inconsistent with any representation – Whether terms superseded any agreement to transfer real property Legislation Cited: Bankruptcy Act 1966 (Cth) De Facto Relationships Act 1984 (NSW) Cases Cited: Brunker v Perpetual Trustee Co Ltd (1937) 57 CLR 555; [1937] HCA 29 Corin v Patton (1990) 169 CLR 540; [1990] HCA 12 Coshott v Prentice [2014] FCAFC 88; (2014) 221 FCR 450 Costin v Costin [1994] NSW ConvR 55-715 Costin v Costin (1997) 7 BPR 15,167; [1997] NSW ConvR 55-811 Coyte v Norman; Centre Capital (Newcastle) Pty Ltd v B Scorer [2016] NSWSC 1242 Day v Couch [2000] NSWSC 230 Dillwyn v Llewelyn (1862) 4 De GF & J 517; 45 ER 1285 Gorbunova v The Estate of Berezovsky (aka Platon Elenin) (Deceased) [2016] EWHC 1829 Isin v Ozen as Administrator of the Estate of the late Erdinc Ozen [2015] NSWSC 968 Marchesi v Apostolou [2007] FCA 986 Milroy v Lord (1862) 45 ER 1185; (1862) 4 De GF & J 264 Motor Auction Pty Ltd v John Joyce Wholesale Cars Pty Ltd (1997) 8 BPR 15,565 Pennington v Waine [2002] 1 WLR 2075 (CA); [2002] EWCA Civ 227 Shalhoub v Buchanan [2004] NSWSC 99 Zahra v Francica [2009] NSWSC 1206 Texts Cited: Meagher, Gummow and Lehane's Equity: Doctrines and Remedies (5th ed, 2014, LexisNexis) Category: Principal judgment Parties: Durcan Isin (first Plaintiff) Ertunc Yasar Ozen (second Plaintiff) Nur Seda Ozen as Administrator of the Estate of the late Erdic Ozen (Defendant) Representation: Counsel: Mr RPV Carey (Plaintiffs) Mr J O'Connor (Defendant)