Lucas v Lucas [2018] NSWSC 962

Supreme Court New South Wales

Medium Neutral Citation: Lucas v Lucas [2018] NSWSC 962 Hearing dates: 28 and 29 March 2018, 6 June 2018 Decision date: 28 June 2018 Jurisdiction: Equity Before: Sackville AJA Decision: 1. Declare that the Defendant holds his interest as registered proprietor of the fee simple estate in the property at XXX Parker Street, Kingswood, New South Wales, being the land in folio identifier 24/247948 (Property) in trust for the Plaintiff to the extent of a 21.7 per cent beneficial interest in the Property. 2. Direct the parties to file and serve within fourteen days agreed short minutes of any additional orders that should be made in the proceedings. 3. In default of agreement the Plaintiff file and serve within fourteen days short minutes of any additional orders he proposes should be made in the proceedings, together with brief written submissions in support of his proposed orders. 4. The Defendant file and serve within a further seven days short minutes of any additional orders he proposes should be made in the proceedings, together with brief written submissions in support of his proposed orders. Catchwords: EQUITY — Trusts and trustees — where father contributed funds to the acquisition of a property by his son – where father later occupies the property and makes further contributions – whether parties intended to create a trust in favour of the father – whether father's contributions gave rise to a resulting trust Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: Amit Laundry Pty Ltd v Jain [2017] NSWSC 1495 Bloch v Bloch (1981) 180 CLR 390; [1981] HCA 56 Calverley v Green (1984) 155 CLR 242; [1984] HCA 81 Commercial Union Assurance Company of Australia Ltd v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Dunphy v Russell [2018] NSWSC 721 Martin v Martin (1959) 110 CLR 297; [1959] HCA 62 Morris v Morris [1982] 1 NSWLR 61 Nelson v Nelson, (1995) 184 CLR 538; [1995] HCA 25 Texts Cited: JD Heydon and MJ Leeming, Jacobs Law of Trusts in Australia (LexisNexis 8th ed 2016) Category: Principal judgment Parties: Sam Lucas (Plaintiff) Glen Lucas (Defendant) Representation: Counsel: Mr S Reuben (Plaintiff) Mr P Wallis (Defendant)