Ardestani v Doss [2018] NSWSC 1084

Supreme Court New South Wales

Medium Neutral Citation: Ardestani v Doss [2018] NSWSC 1084 Hearing dates: 18, 23; 24 April 2018 Date of orders: 17 July 2018 Decision date: 17 July 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: 1. Dismiss the plaintiffs' claim with costs. 2. Order that the plaintiffs cause to be removed any caveat lodged under the Real Property Act 1900 (NSW) by the first plaintiff or the second plaintiff in relation to the land situated at 11 Vivaldi Place, Beaumont Hills being lot 6 of DP1023156. Catchwords: EQUITY – Equitable remedies – Alleged oral arrangement under which plaintiffs provided funds to the defendants as contribution to the purchase price of real property and later its renovation – Defendants later sold property – Declarations sought on the basis of existence of express or resulting trust – Declarations alternatively sought that defendants bound by an estoppel or contract Legislation Cited: Civil Procedure Act 2005 (NSW), s 100 Cases Cited: Macquarie Developments Pty Limited v Forrester [2005] NSWSC 674 Seamez (Australia) Pty Ltd v McLaughlin [1999] NSWSC 9 Category: Principal judgment Parties: Navid Miraki Ardestani (First Plaintiff) Sepideh Miraki (Second Plaintiff)] Helen Doss (First Defendant) Harry Mehmani (Second Defendant) Representation: Counsel: G Carolan with M Fernandes (Plaintiffs) DK Ratnam (Defendants)

Solicitors: Birchgrove Legal (Plaintiffs) Armstrong Legal (Defendants) File Number(s): 2016/00364581 Publication restriction: Nil