Ball v Ball (No 2) [2019] NSWSC 1242

Supreme Court New South Wales

Medium Neutral Citation: Ball v Ball (No 2) [2019] NSWSC 1242 Hearing dates: 13 September 2019 Date of orders: 13 September 2019 Decision date: 13 September 2019 Jurisdiction: Equity Before: Parker J Decision: Judgment for the plaintiff against the first defendant in the sum of $297,500 plus interest in the sum of $119,100.87. Liberty granted to the plaintiff to file a garnishee order directed to the second defendant in respect of funds, including any interest accrued thereon, held on trust for the benefit of the first defendant. The first defendant to pay the plaintiff's costs of the application for judgment. The proceedings otherwise be dismissed with no order as to costs. Catchwords: ESTOPPEL — Proprietary estoppel — equitable compensation – where defendant required finance to fund his share of jointly acquired property and represented to mother that financier required both names on loan documentation – defendant changed locks and home subsequently sold by forced sale – appropriate time to determine measure of relief – expectation disappointed when locks changed depriving mother opportunity to continue live as co-owner – where no evidence adduced of value of property at that time – equitable compensation awarded in sum of half eventual net proceeds. Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 39.36 Cases Cited: Evans v Evans [2011] NSWCA 92 Texts Cited: Nil. Category: Principal judgment Parties: Gloria Ruth Ball (Plaintiff) Darren Mark Ball (First Defendant) East Coast Law Pty Ltd trading as East Coast Conveyancing (Second Defendant) Representation: Counsel: JRB Pearson (Plaintiff)