Cook v Alderson

[2025] QSC 26

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 167

Makita (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

Spink v Flourentzou [2019] NSWSC 256
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