Tjen v Bilic [2017] NSWSC 364

Supreme Court New South Wales

Medium Neutral Citation: Tjen v Bilic [2017] NSWSC 364 Hearing dates: 6, 7, 8 and 9 March 2017 Date of orders: 06 April 2017 Decision date: 06 April 2017 Jurisdiction: Equity Before: Hallen J Decision: The Court: (i) Orders, pursuant to UCPR rule 7.10(2)(b) that the Plaintiff be appointed a representative of the deceased person's estate for the purposes of the proceedings. (ii) Declares that the deceased has no right title or interest in the Mount Pritchard property, being the whole of the land in (inserting proper title details which are omitted for reasons of privacy). (iii) Orders that the caveat on the title to the Mount Pritchard property be removed within 14 days. (iv) Orders that the whole of the Plaintiff's proceedings otherwise be dismissed. (v) Orders the Plaintiff to pay the Defendant's costs of the proceedings. (vi) Orders that the Plaintiff is to vacate possession of the Mount Pritchard property (inserting proper title details which are omitted for reasons of privacy) on or before the day being 6 months from the date of the orders. (vii) Grants leave to the Defendant to issue a writ of possession for the Mount Pritchard property on the day being six months and one day from the date of the orders. (viii) Orders that the Exhibits should be dealt with in accordance with the Uniform Civil Procedure Rules 2005. Catchwords: TRUSTS – Transfer of funds by the deceased (the husband of the Plaintiff) to the Defendant contributing towards purchase of a residential property at Mount Pritchard – Nature of the deceased's interest, if any, in the Mount Pritchard property – Defendant sole registered proprietor – Deceased not registered on title – Whether transfer of funds operated as a gift or a payment of money to acquire a registered interest in the Mount Pritchard property. Whether the Defendant's interest, or any part thereof, in the Mount Pritchard property was held on a resulting trust for the deceased.