Cameron v Renouf

Case [2008] WASC 60

CAMERON -v- RENOUF [2008] WASC 60



SUPREME COURT OF WESTERN AUSTRALIACitation No:[2008] WASC 60
Case No:CIV:1180/199630 JANUARY 2008
Coram:NEWNES J29/04/08
11Judgment Part:1 of 1
Result: Issue determinable under liberty to apply
B
PDF Version
Parties:GORDON MAURICE CAMERON
LESLEY RITA CAMERON
DIANN VICKI RENOUF
CHRISTOPHER CHARLES RENOUF

Catchwords:
Practice and procedure
Claim by plaintiffs that house was gift from defendants
Order at trial that defendants transfer house to plaintiffs
Liability for outstanding rates and taxes not considered at trial
Encumbrance on title by local authorities for outstanding rates and taxes
Transfer of house unable to be effected until rates and taxes paid
Reservation of liberty to apply at trial
Whether applies to determination of liability for outstanding rates and taxes
Ambit of liberty to apply
Turns on own facts

Legislation:
Rules of the Supreme Court 1971 (WA), O 1 r 4B

Case References:
Abigroup Ltd v Abignano (1992) 39 FCR 74
Australian Hardboards Ltd v Hudson Investment Group Ltd [2007] NSWCA 104
Cristel v Cristel [1951] 2 KB 725
Dowdle v Hillier (1949) 66 WN (NSW) 155
Fylas Pty Ltd v Vynal Pty Ltd [1992] 2 Qd R 593
Hurstville City Council v Renaldo Plus 3 Pty Ltd [2006] NSWCA 248

JURISDICTION : SUPREME COURT OF WESTERN AUSTRALIA
    IN CHAMBERS
CITATION : CAMERON -v- RENOUF [2008] WASC 60 CORAM : NEWNES J HEARD : 30 JANUARY 2008 DELIVERED : 29 APRIL 2008 FILE NO/S : CIV 1180 of 1996 BETWEEN : GORDON MAURICE CAMERON
    LESLEY RITA CAMERON
    Plaintiffs

    AND

    DIANN VICKI RENOUF
    CHRISTOPHER CHARLES RENOUF
    Defendants

Catchwords:

Practice and procedure - Claim by plaintiffs that house was gift from defendants - Order at trial that defendants transfer house to plaintiffs - Liability for outstanding rates and taxes not considered at trial - Encumbrance on title by local authorities for outstanding rates and taxes - Transfer of house unable to be effected until rates and taxes paid - Reservation of liberty to apply at trial - Whether applies to determination of liability for outstanding rates and taxes - Ambit of liberty to apply - Turns on own facts

Legislation:

Rules of the Supreme Court 1971 (WA), O 1 r 4B


(Page 2)



Result:

Issue determinable under liberty to apply

Category: B


Representation:

Counsel:


    Plaintiffs : Ms E C Hensler
    Defendants : Mr L E James & Ms A M Wood

Solicitors:

    Plaintiffs : Mark Cox
    Defendants : Kott Gunning



Case(s) referred to in judgment(s):

Abigroup Ltd v Abignano (1992) 39 FCR 74
Australian Hardboards Ltd v Hudson Investment Group Ltd [2007] NSWCA 104
Cristel v Cristel [1951] 2 KB 725
Dowdle v Hillier (1949) 66 WN (NSW) 155
Fylas Pty Ltd v Vynal Pty Ltd [1992] 2 Qd R 593
Hurstville City Council v Renaldo Plus 3 Pty Ltd [2006] NSWCA 248


(Page 3)

1 NEWNES J: This application involves a very unfortunate and very long running family dispute. The application is made by the…

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Cameron v Renouf [2008] WASC 60
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[2008] WASC 60
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CaseChat Overview and Summary

The case of Cameron v Renouf involved a claim by the plaintiffs that a house was a gift from the defendants. The matter was heard in the Supreme Court of Victoria. The trial court ordered that the defendants transfer the house to the plaintiffs, but did not consider the issue of liability for outstanding rates and taxes. The title to the house had an encumbrance by local authorities for these unpaid rates and taxes, which meant that the house could not be transferred until the outstanding amounts were paid. The plaintiffs sought to determine the issue of liability for the outstanding rates and taxes under a reservation of liberty to apply at the trial.

The legal issue before the court was whether the reservation of liberty to apply at trial could be used to determine liability for outstanding rates and taxes. The court needed to determine the extent of the liberty to apply, and whether it could be used to determine this specific issue. The court considered that the ambit of the liberty to apply turned on the facts of each case.

The court held that the issue of liability for outstanding rates and taxes was determinable under the reservation of liberty to apply at trial. The court found that the liberty to apply could be used to determine the issue, and that the matter was within the jurisdiction of the court. The court determined that the issue should be decided by the trial court, and that it was not necessary for the matter to be heard by a different court.

The court made an order that the issue of liability for outstanding rates and taxes was determinable under the reservation of liberty to apply at trial. The court did not make any further orders regarding the outstanding rates and taxes, or the transfer of the house. The matter was remitted to the trial court to determine the issue of liability for the outstanding rates and taxes.

Orders

Orders of the court

Issue determinable under liberty to apply

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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