SUPREME COURT OF QUEENSLAND
CITATION: Cook v Alderson [2025] QSC 26 PARTIES: BONNIE JUNE COOK
(plaintiff)
v
SHANNON LEIGH ALDERSON(first defendant) and
BRETT DARREN ALDERSON
(second defendant)
FILENO/S:
BS 4494 of 2024
DIVISION:
Trial Division
PROCEEDING: Trial ORIGINATING COURT: Supreme Court of Queensland at Brisbane DELIVEREDON: 20 February 2025 DELIVEREDAT: Brisbane HEARINGDATE: 3 February 2025 JUDGE: Treston J ORDER: 1. The plaintiff is entitled to be repaid by the defendants the amounts of $110,116.41 and
$160,804.42 plus pre-judgment interest as set out at
[90] of these reasons, a sum of $29,710, all secured by an equitable charge over the property located at 18 Doherty Court, Ormeau.
2. Further the plaintiff is entitled to equitable compensation in the sum of $120,000 also secured by an equitable charge over the property located at 18 Doherty Court, Ormeau.
3. There will be judgment for the plaintiff therefore in the sum of $420,630.83.
4. I will hear the parties as to costs.
CATCHWORDS:
EQUITY – EQUITABLE REMEDIES – EQUITABLE COMPENSATION – EQUITABLE CHARGES AND
LIENS – contribution to the acquisition or improvement of
another’s property – entitlement to an equitable charge over property to secure payment of a contribution.
EQUITY – where the plaintiff and her daughter and son-in- law (the first and second defendants respectively) had an oral agreement that all parties would contribute to the purchase of a property in which the parties were to live – where the plaintiff would live with the defendants for the remainder of her life with the defendants paying the mortgage and other outgoings on the property – where the terms of the oral agreement were undisputed between the parties – where the plaintiff had no interest in the capital growth of the property purchased through the agreement – where there was a breakdown in the personal relationships between the parties and the plaintiff ceased to live at the property with the defendants – where the plaintiff made a claim for equitable compensation effectively to be put back in the position that she was in before the agreement – where the defendants sought only to repay the amounts of the plaintiff’s contribution – whether a joint endeavour constructive trust arises – whether the plaintiff was entitled to equitable compensation in excess of the sum of her contributions to the property
Australian Building & Technical Solutions Pty Ltd v Boumelhem [2009] NSWSC 460
Baumgartner v Baumgartner (1987) 164 CLR 137 Bennett v Horgan (NSWSC, 3 June 1994, unreported) Davis v Davis [2024] NSWCA 222
Giumelli v Giumelli (1999) 196 CLR 101
Hill v Hill [2005] NSWSC 863
JAB v The executors of the estate of the late MST [2022] QSC 226
King v Fister [2022] QCA 047
Kriezis v Kriezis [2004] NSWSC 167Makita (Australia) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Mbuzi v Hall & Anor [2010] QSC 359 McKay & anor v McKay [2008] NSWSC Muschinski v Dodds (1985) 160 CLR 583
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- AGLC
- Cook v Alderson [2025] QSC 26
- Case
- [2025] QSC 26
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included determining whether Cook's contributions to the property warranted repayment and equitable compensation, and if so, the appropriate amounts. The court had to consider whether the defendants' retention of the benefits derived from Cook's contributions constituted unjust enrichment, warranting equitable compensation. Additionally, the court needed to assess the validity and extent of any equitable charge Cook could claim over the property.
The court found that Cook's contributions to the property were significant and warranted repayment of the specific sums claimed. The court also determined that Cook was entitled to equitable compensation for the defendants' retention of the benefits derived from these contributions. The total sum awarded to Cook, including pre-judgment interest, was set at $420,630.83. This amount was secured by an equitable charge over the property at 18 Doherty Court, Ormeau.
The court issued judgment for Cook in the sum of $420,630.83, secured by an equitable charge over the specified property. The court further ordered that the matter would be heard regarding costs.
Orders
Orders of the court
1. The plaintiff is entitled to be repaid by the defendants the amounts of $110,116.41 and
$160,804.42 plus pre-judgment interest as set out at
[90] of these reasons, a sum of $29,710, all secured by an equitable charge over the property located at 18 Doherty Court, Ormeau.
2. Further the plaintiff is entitled to equitable compensation in the sum of $120,000 also secured by an equitable charge over the property located at 18 Doherty Court, Ormeau.
3. There will be judgment for the plaintiff therefore in the sum of $420,630.83.
4. I will hear the parties as to costs.
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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