Awad v Awad (No 2) [2020] NSWSC 25

Supreme Court New South Wales

Medium Neutral Citation: Awad v Awad (No 2) [2020] NSWSC 25 Hearing dates: On the papers Date of orders: 30 January 2020 Decision date: 30 January 2020 Jurisdiction: Common Law Before: Walton J Decision: The Court makes the following directions:

(1) Counsel for Nouhad shall provide short minutes of order reflecting this judgment and as to the final disposition of these proceedings within 14 days of the publication of this judgment.

(2) In the event of any dispute as to the form of the orders proposed in accordance with (1) above:

(a) Nouhad shall file and serve submissions in support of the proposed orders, including as to costs, together with any evidence relied upon as to costs within 14 days of the publication of this judgment.

(b) Michael shall file and serve alternative orders and submissions and evidence (as to costs) in support thereof within 28 days of the date of the publication of this judgment. Catchwords: EQUITY – alternative claim – constructive trusts – equitable damages – threshold issues – pleadings – notice – prospects for success – expert evidence – common intention constructive trust – joint endeavour constructive trust – equitable lien or charge – consistency with Awad No 1 – evidentiary basis for constructive trusts – leave to call further evidence refused – observations re continuance of alternative claim – directions Legislation Cited: Civil Procedure Act 2005 (NSW) Conveyancing Act 1919 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: Awad v Awad [2019] NSWSC 385 Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Behman v Behman [2015] NSWSC 1787 Dare v Pullham (1982) 148 CLR 658; [1982] HCA 70 Giumelli v Giumelli (1999) 196 CLR 101; [1999] HCA 10 Grant v Edwards [1986] Ch 638 Green v Green (1989) 17 NSWLR 343 Hewitt v Court (1983) 149 CLR 639; [1983] HCA 7 Jacobsen v Jacobsen [2017] NSWSC 1590 Madden v Kevereski (1983) 1 NSWLR 305 Maharaj v Chand [1986] AC 898 Morris v Morris [1982] 1 NSWLR 61 Muschinski v Dodds (1985) 160 CLR 583 Riches v Hogben [1985] 2 Qd R 292 Shepherd v Doolan |2005] NSWSC 42 Sidhu v Van Dyke (2014) 251 CLR 505; [2014] HCA 19 Silvia (Trustee) v Williams [2018] FCAFC 194 West v Mead [2003] NSWSC 161 Urban Transport Authority of NSW v Nweiser (1992) 28 NSWLR 471 Zupicic v Angela La Camera Paino as Trustee for the Estate of the Late Mario Novick [2018] NSWSC 692 Category: Principal judgment Parties: Michael Awad (Cross-Claimant) Nouhad Awad by her tutor Zouha Habib (First Cross-Defendant) Arze Awad (Second Cross-Defendant) Representation: Counsel: P R Glissan (Cross-Claimant) J D Williams (First Cross-Defendant)