Nguyen v Nguyen [2019] NSWSC 131

Supreme Court New South Wales

Medium Neutral Citation: Nguyen v Nguyen [2019] NSWSC 131 Hearing dates: 12, 13, and 14 June 2018 Date of orders: 22 February 2019 Decision date: 22 February 2019 Jurisdiction: Equity Before: Slattery J Decision: Declaration that the plaintiff holds a 40% equitable interest in the property. Directions given for the holding of a supplementary hearing for an accounting between the plaintiff and the defendant. Subject to any party applying for a special costs order the defendant will be ordered to pay the plaintiff's costs of the hearing. Catchwords: REAL PROPERTY – resulting trust – constructive trust – oral agreement between plaintiff and defendant to purchase property – property purchased in name of defendant – plaintiff pays the deposit, stamp duty and a portion of the mortgage payments for the property – whether defendant holds the property as to a 40% interest on constructive trust for the plaintiff – whether the defendant holds the property legally and beneficially. Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Black Uhlans Incorporated v NSW Crime Commission [2002] NSWSC 1060 Calverley v Green (1984) 155 CLR 242 West v Mead [2003] NSWSC 161 Category: Principal judgment Parties: Plaintiff: Thi Anh Thuy Nguyen Defendant: Anh Tuan Nguyen Representation: Counsel: Plaintiff: B Zipser Defendant: J Shaw

Solicitors: Plaintiff: Thi Truc Mai Dang, Integrity Legal Specialists Defendant: Keith Wilson Ewart, F W Ewart & Ewart File Number(s): 2015/151521 Publication restriction: No