Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Daniel Terry Behman v Tarek Behman (also known as Terry Behman) [2015] NSWSC 1787 Hearing dates: 24, 25 and 27 August 2015 Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction: Equity Before: Rein J Decision: See [56]
Catchwords: EQUITY - Claim for beneficial interest in property pursuant to constructive trust - plaintiff’s claim arose as a result of having lived with the defendant in a father/son relationship where the plaintiff made extensive financial contributions to the family home - Funds provided by plaintiff used to pay the mortgage and or assist the defendant to pay the mortgage - Whether common intention that plaintiff had beneficial interest in property - Whether unconscionable for the defendant to retain full beneficial ownership of property - Equitable proprietary estoppel claim Legislation Cited: Nil Cases Cited: Ashton v Pratt [2015] NSWCA 281; (2014) 88 NSWLR 281
Aytul Ak-Tankiz v Ferat Ak & Ramazan Ak [2014] NSWSC 1044
Baumgartner v Baumgartner [1987] HCA 59; (1987) 164 CLR 137
Burns v Burns [1984] Ch 317
Delaforce v Simpson-Cook [2010] NSWCA 84
DHJPM Pty Ltd v Blackthorn Resources Ltd [2011] NSWCA 348; (2011) 285 ALR 311
Evans v Evans [2011] NSWCA 92
Gissing v Gissing [1971] AC 886
Giumelli v Giumelli [1999] HCA 10; (1999) 196 CLR 101
Lorretta Kistmah Craig and Ors v Kia Silverbrook and Ors [2013] NSWSC 1687
Muschinski v Dodds (1985)1 60 CLR 583
Pettitt v Pettitt [1970] AC 777
Shepherd v Doolan & Ors; Shepherd v Doolan & Anor; Est. Doolan [2005] NSWSC 42
Sidhu v Van Dyke [2014] HCA 19; (2014) 251 CLR 505
Sullivan v Sullivan [2006] NSWCA 312; (2006) 13 BPR 24,755
Watson v Foxman (1995) 49 NSWLR 315Texts Cited: Nil Category: Principal judgment Parties: Daniel Terry Behman (Plaintiff)
Tarek Behman (also known as Terry Behman) (Defendant)Representation: Counsel:
Solicitors:
J. Darams (Plaintiff)
P. Walsh (Defendant)
Eakin McCaffery Cox (Plaintiff)
Elie Rahme & Associates (Defendant)
File Number(s): 2014/75321 Publication restriction: nil
JUDGMENT
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The plaintiff, Daniel Terry Behman (“Daniel”) who is 26 years of age, sues his father Tarek Behman (“Terry”) in relation to a property at 46 Oliver Street, Bexley North (“the property”) in which Terry still resides together with two brothers of Daniel, Andrew Behman (“Andrew”) and Mark Behman (“Mark”). Daniel’s twin brother, Matthew Behman (“Matthew”) moved out of the property in June 2009 and went to live with his mother Hydi Ayad (“Hydi”) in Melbourne. Hydi and Terry were divorced in 2002 with Terry obtaining custody of all four sons. The property was, at the time of the divorce, registered in Terry’s name and he was permitted to retain ownership of the property as part of the divorce settlement. Mr J Darams of counsel appears for Daniel and Mr P Walsh of counsel appears for Terry.
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The property is, it is agreed,…
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- AGLC
- Daniel Behman v Tarek Behman [2015] NSWSC 1787
- Case
- [2015] NSWSC 1787
- Decision Date
CaseChat Overview and Summary
The court examined the evidence presented by Behman, including his financial contributions, the relationship between him and his father, and whether there was a common intention that Behman would have a beneficial interest in the property. The court found that Behman had made substantial financial contributions towards the mortgage and household expenses, but there was no clear and unequivocal common intention that he would have a beneficial interest in the property. The court also found that while Behman’s contributions were significant, they did not amount to a promise or agreement that he would have a beneficial interest in the property.
The court further considered whether it would be unconscionable for the defendant to retain full beneficial ownership of the property. The court found that while Behman’s contributions were significant, there was no evidence of a representation or assurance that he would have a beneficial interest in the property. The court also found that the defendant had not acted unconscionably in retaining full beneficial ownership of the property. The court rejected Behman’s claim for a beneficial interest in the property and dismissed his claim.
The court dismissed Behman’s claim for a declaration of beneficial interest in the property and made no order as to costs. The court found that there was no clear and unequivocal common intention that Behman would have a beneficial interest in the property, and it was not unconscionable for the defendant to retain full beneficial ownership.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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