NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Dean v Aylward [2017] NSWSC 972 Hearing dates: 22 June 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Equity Before: Parker J Decision: Short minutes of order to provide for sale of property with charge on proceeds for sum or net amount received, whichever is less, and judgment for interest. Catchwords: Equity – purchase of real property – payment by third party to discharge existing mortgage – condition of payment that third party be put on title – failed joint endeavour equity – purchaser's lien – proprietary estoppel – resulting trust – gift on condition of forfeiture Civil Procedure – adjournment – legal representation Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Bennett v Horgan (Supreme Court (NSW), 3 June 1994, unrep) Currie v Hamilton [1984] 1 NSWLR 687 Knox v Knox (Supreme Court (NSW), 16 December 1994, unrep) McKay v McKay [2008] NSWSC 177 Muschinski v Dodds (1985) 160 CLR 583; [1985] HCA 78 Priestley v Priestley [2017] NSWCA 155 Texts Cited: K Mason, JW Carter and GJ Tolhurst, Mason and Carter's Restitution Law in Australia (3rd ed, 2016, LexisNexis Butterworths) Category: Principal judgment Parties: Robert John Dean (First Plaintiff) Sandra Joan Dean (Second Plaintiff) Melissa Anne Aylward (Defendant) Representation: Defendant in person at hearing
Counsel: S Balafoutis/C Hamilton-Jewell (Plaintiffs)
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