Hill v Dunn [2019] NSWSC 419

Supreme Court New South Wales

Medium Neutral Citation: Hill v Dunn [2019] NSWSC 419 Hearing dates: 11 April 2019 Date of orders: 12 April 2019 Decision date: 12 April 2019 Jurisdiction: Equity Before: Henry J Decision: (1) Declare that the defendant holds his legal interest in the property at 54 Catherine Drive, Dubbo (NSW) being Lot 43 in deposited plan 241935 (the property) on resulting trust for the plaintiff. (2) An order pursuant to s 71 of the Trustee Act 1925 (NSW) that the property be vested absolutely in the plaintiff forthwith. (3) In the alternative to order 2, orders that: (a) the defendant forthwith sign and return all documents and do all things necessary to transfer his legal interest in the property to the plaintiff; and (b) If the defendant fails or refuses to sign and return such documents within 14 days of them being served on him in accordance with Order 3(a) above, the Registrar of the Court execute documents on behalf of the defendant pursuant to s 90 of the Civil Procedure Act 2005 (NSW). (4) Direct the plaintiff to serve a copy of these orders and published reasons on the defendant by email to jaidunn7@gmail.com. (5) No order as to costs. Catchwords: EQUITY — trusts and trustees — resulting trusts —where purchase money provided entirely by female de facto partner — no presumption of advancement — Calverley v Green (1984) 155 CLR 242 applied Legislation Cited: Civil Procedure Act 2005 (NSW) ss 90, 94 Supreme Court Act 1970 (NSW) s 75 Trustee Act 1925 (NSW) s 71 Cases Cited: Australian Competition and Consumer Commission v MSY Technology Pty Ltd (2012) 201 FCR 378 Bauskis v Liew [2013] NSWCA 297 Calverley v Green (1984) 155 CLR 242 Hamod v State of New South Wales [2011] NSWCA 375 IMF (Australia) Ltd v Sons Of Gwalia Ltd (admin apptd) (ACN 008 994 287) (2004) 211 ALR 231 Mercier v Mercier [1903] 2 Ch 98 Muschinski v Dodds (1985) 160 CLR 583 Russian Commercial and Industrial Bank y British Bank for Foreign Trade [1921] 2 AC 438 Ryan v Ryan [2012] NSWSC 636 Zetting v Müller [2017] NSWSC 659 Texts Cited: JD Heydon and MJ Leeming, Jacobs' Law of Trusts in Australia (8th ed 2016, LexisNexis Butterworths) Category: Principal judgment Parties: Jade Rebecca Hill (Plaintiff) Jai Michael Dunn (Defendant) Representation: Counsel: C McMeniman (Plaintiff)