Davis v Davis

The appeal concerned a dispute between a father, Victor Bernard Davis (the defendant), and his adult daughter, Paula Jane Davis (the plaintiff), regarding the family home. A deed had been entered into whereby the father agreed to transfer his interest in the property to the daughter, while retaining a right of occupation. The father subsequently moved out due to issues with his grandson and sought to revisit the terms of the deed, alleging errors in its execution and valuation. The matter was heard in the Equity Division of the Supreme Court of New South Wales.

The Court of Appeal was required to determine whether the primary judge erred in their assessment of the contributions made by the parties and in their consideration of various factors when making orders concerning the property. Specifically, the court considered whether the primary judge had made errors in accounting for inheritance, undervaluing the father's contribution under the deed, and whether the reasoning was incomplete or relied on irrelevant findings. The court also had to decide on the appropriate orders to be made in light of these considerations.

The Court of Appeal found that the primary judge had erred in several respects, including making findings that were unfair and irrelevant to the issues properly before the court. The court determined that the discretion exercised at first instance was flawed and that it was necessary to re-exercise that discretion. The court allowed the appeal in part, setting aside the original orders. In lieu of those orders, the defendant was to transfer his entire interest in the property to the plaintiff, who was ordered to pay the defendant $100,000. The court also ordered that each party bear their own costs in the Equity Division, but the respondent was ordered to pay the appellant's costs of the appeal.