Alexander Williams v Winifred Williams - [2021] NSWSC 1402

Supreme Court

New South Wales

Medium Neutral Citation: Alexander Williams v Winifred Williams [2021] NSWSC 1402
Hearing dates: 15 October 2021
Date of orders: 15 October 2021
Decision date: 15 October 2021
Jurisdiction: Equity - Duty List
Before: Rein J
Decision:
Refuse to grant the interim relief sought

Catchwords:
EQUITY — Equitable remedies — Injunctions — Application to prevent, by injunction, the execution of a contract of sale of a property — Plaintiff claims an interest in the property on the terms of a purported agreement between his mother, the Defendant, and his late father — Plaintiff also claims an equitable interest in the property on account of his financial and non-financial contributions in respect of the property — Previous proceedings dealing with the subject matter of these proceedings — The parties settled the previous proceedings by a deed of settlement, by which they provided various releases to each other — Plaintiff contends that the releases do not cover the present claims — Failure by the Plaintiff to disclose to the Court the contents of a caveat previously lodged on the property but since withdrawn — Held: Injunctive relief refused having regard to the weakness of the Plaintiff’s case by reason of the deed of settlement and additionally the considerable delay in bringing the application for injunctive relief, coupled with doubt as to the need for retention of the property

Legislation Cited:
Nil

Cases Cited:
Grant v John Grant & Sons Pty Ltd (1954) 91 CLR 112
The Owners Corporation of Strata Plan 61390 v Multiplex Corporate Agency Pty Limited and Ors(No 2) [2012] NSWSC 322

Texts Cited:
Nil

Category: Principal judgment
Parties: Alexander Williams (Plaintiff)
Winifred Williams (Defendant)
Representation:
Counsel:
C Palmer (Plaintiff)
R Marshall SC (Defendant)
Solicitors:
Swan Lawyers (Plaintiff)
Keypoint Law (Defendant)

File Number(s): 2021/293706
Publication restriction: Nil

EX TEMPORE Judgment

The Court has before it an application to prevent, by injunction, the proposed execution tomorrow by the Defendant of a contract of sale of a property of which she, the Defendant, is the registered owner. The notice of motion is brought in connection with the proceedings commenced by Summons today. The Plaintiff is the son of the Defendant. The property is located in Glaisher Parade, Cronulla. I will refer to it as “the Property”.
In support of the injunction, the Plaintiff relies on his affidavit of 14 October 2021. The affidavit is lengthy, and it sets out the Plaintiff’s version of the history of relations between his mother and his father, Kenneth Williams, which includes, he asserts, a promise by his parents that they would leave the Property to him on their death. The Summons seeks a declaration that “the Defendant is bound by the terms of the agreement between her and Kenneth Williams on the one hand, and the Plaintiff on the other, made in October 2009 to leave the [Property] to the Plaintiff upon her death”. Kenneth Williams died some years ago. Other declarations are sought, including that the Plaintiff has an…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Alexander Williams v Winifred Williams

Details

AGLC: Alexander Williams v Winifred Williams [2021] NSWSC 1402
Case: [2021] NSWSC 1402
Decision Date: 15 October 2021

CaseChat Overview and Summary

Alexander Williams, the plaintiff, sought an injunction to prevent the sale of a property owned by Winifred Williams, the defendant, his mother. The plaintiff claimed an interest in the property based on an agreement between his late father and his mother, as well as contributions he made towards the property. The court was required to determine whether the plaintiff had a valid claim for an equitable interest in the property and whether he was entitled to an injunction to prevent the sale.

The court found that the plaintiff's claims were significantly weakened by a deed of settlement previously entered into between the parties, which included releases that appeared to cover the present claims. Additionally, the court noted that the plaintiff had delayed considerably in bringing the application for injunctive relief, and there was doubt as to the necessity of retaining the property. The court also highlighted that the plaintiff had failed to disclose to the court the contents of a caveat previously lodged on the property but since withdrawn.

As a result of the above findings, the court refused the plaintiff's application for injunctive relief. The court held that the weakness of the plaintiff's case, the deed of settlement, the delay in bringing the application, and the doubt as to the need for retention of the property, all combined to justify the refusal of the injunction.

The court made no orders as to costs.

Orders