Levy v Close [2019] NSWSC 1027

Supreme Court New South Wales

Medium Neutral Citation: Levy v Close [2019] NSWSC 1027 Hearing dates: 25, 26 September and 11 December 2018 Decision date: 14 August 2019 Jurisdiction: Equity Before: Lindsay J Decision: (1) In her capacity as representative of the estate of her late father, the plaintiff is entitled to enforce a resulting trust proportionate to his contribution to the cost of acquisition of a residential property in the names of the defendants.

(2) Having regard to her half interest in the deceased's estate and enforceability of the estate's trust entitlements, the plaintiff's personal claim to family provision relief vis a vis the estate is to be dismissed. Catchwords: EQUITY – Equitable interests in property – Contribution to acquisition or improvement of another's property – Resulting trust – Family arrangement for purchase of residence with separate accommodation of parent

EQUITY – Trusts and trustees – Resulting trust – Family arrangement for purchase of residence with separate accommodation of parent Legislation Cited: Conveyancing Act 1919 NSW Family Provision Act 1982 NSW Limitation Act 1969 NSW Succession Act 2006 Uniform Civil Procedure Rules 2005 NSW Cases Cited: Amit Laundry Pty Ltd v Jain [2017] NSWSC 1495 Black Uhlans Inc. v NSW Crime Commission [2002] NSWSC 1060 Calverly v Green (1984) 155 CLR 242 Dare v Furness (1998) 44 NSWLR 493 Scale's Case (1962) 107 CLR 9 Verzar v Verzar [2014] NSWCA 45 Walton's Stores (Interstate) Ltd v Maher (1988) 164 CLR 387 Warren v McKnight (1996) 40 NSWLR 390 Texts Cited: Meagher, Gummow & Lehane, Equity: Doctrine and Remedies (Lexis Nexis Butterworths, Australia, 5th ed, 2015) Chapter 38 Category: Principal judgment Parties: Plaintiff: Jeanette Lynn Levy First Defendant: Judith Marie Close Second Defendant: Christopher Joseph Close Representation: Counsel: Plaintiff: A Blank Defendants: JE Armfield