Brown v Mark E Brown Discretionary Trust

[2025] QDC 114

DISTRICT COURT OF QUEENSLAND

CITATION:

Brown & Anor v Mark E Brown Discretionary Trust [2025] QDC 114

PARTIES:

STEPHEN WAYNE BROWN AND CRAIG GRAHAM THOMPSON AS TRUSTEES OF THE MARK E BROWN DISCRETIONARY TRUST

(Applicants)

v

PIYNART BROWN

(First Respondent)

And

MICHAEL BROWN

(Second Respondent)

And

SAMANTHA BROWN

(Third Respondent)

FILE NO/S:

1574/25

DIVISION:

Civil

PROCEEDING:

Application

ORIGINATING COURT:

Brisbane District Court

DELIVERED ON:

19 August 2025 (ex tempore)

DELIVERED AT:

Brisbane

HEARING DATE:

19 August 2025

JUDGE:

Porter KC DCJ

ORDER:

1.   THE RESPONDENTS ARE TO DELIVER UP POSSESSION OF THE LAND LOCATED AT 4B BRIDGE STREET, REDWOOD IN THE STATE OF QUEENSLAND, MORE PARTICULARLY DESCRIBED AS LOT 3 ON RP140413 AND CONTAINED IN TITLE REFERENCE NO. 17525046.

2.   ORDER 1 IS STAYED UNTIL 19 OCTOBER 2025.

COUNSEL:

P. Sams for the applicants

SOLICITORS:

Wonderley & Hall for the applicants

P. Brown and M. Brown, appearing in person for the respondents

1. This is an application by the trustees of the Mark E Brown Discretionary Trust (the discretionary trust) for possession of a residential property at Redwood near Toowoomba, presently occupied by Mrs Piynart Brown (Piynart Brown) and one of her adult children.  Her adult child, Mr Michael Brown, appeared before me today.  He did not oppose orders for possession except to the extent of wanting time to organise his affairs and vacate the house.  The third respondent, Ms Samantha Brown, appeared on the last occasion.  She did not appear on this occasion.  I am willing to act on the basis of what was said by her mother and brother to the effect that she has moved out of the house and has no particular interest any more in the possession application.

1. Piynart Brown seeks an adjournment of the application for three months so she can take advice on her rights under the Family Law Act 1974 for property settlement which she submits might permit her possession of the property to continue despite the prima facie entitlement of the trustees to possession.

The Facts

The relationship

1. There are two narrative streams that inform this case.

1. The first relates to the relationship between Piynart Brown and Mr Mark Brown (Mark Brown). Piynart Brown and Mark Brown married in Thailand in December 2001 and moved to Australia thereafter.  They initially lived in a home unit owned by Mark Brown. 

1. They had their first child in 2003 and second child in 2005.  At that time, Mark Brown worked outside the house and Piynart Brown worked as a mother and homemaker.  In 2010, Mark Brown sold the home unit and purchased a house at Redwood.  This is the property which the trustees of the discretionary trust seek possession of by this application.  Piynart Brown swears that in 2014, there was a serious domestic violence incident in which she was significantly injured.  She also swears that she made a report to the police, the police commenced civil DV proceedings, the process went on for a couple of years,…