Behman v Behman [2016] NSWCA 295

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Behman v Behman [2016] NSWCA 295 Hearing dates: 28 September 2016 Date of orders: 03 November 2016 Decision date: 03 November 2016 Before: McColl JA at [1]; Meagher JA at [2]; Gleeson JA at [20] Decision: 1. Appeal dismissed. 2. Appellant pay the respondent's costs of the appeal. Catchwords: EQUITY – unconscionable conduct and equitable proprietary estoppel – where father and son residing in family home – where respondent son made extensive financial contributions towards cost of holding and maintaining home – where contributions made on basis of shared understanding and intention that respondent had or was entitled to an ownership interest in the home – where appellant subsequently denied respondent had or was entitled to any such interest – whether primary judge erred in finding as to shared understanding and intention – whether primary erred in finding expectation in the respondent to same effect Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Giumelli v Giumelli (1999) 196 CLR 101 Green v Green (1987) 17 NSWLR 343 Sidhu v Van Dyke (2014) 251 CLR 505; [2014] HCA 19 Category: Principal judgment Parties: Tarek Behman (also known as Terry Behman) (Appellant) Daniel Behman (Respondent) Representation: Counsel:

P Walsh (Appellant) J Darams with N Simpson (Respondent)

Solicitors:

Elie Rahme & Associates (Appellant) Eakin McCaffery Cox (Respondent) File Number(s): 2015/371893 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of NSW Jurisdiction: Equity Citation: [2015] NSWSC 1787 Date of Decision: 23 October 2015 Before: Rein J File Number(s): 2014/75321