Jain v Amit Laundry Pty Ltd

[2019] NSWCA 20

Court of Appeal

Supreme Court

New South Wales

• Summary available

Medium Neutral Citation:

Jain v Amit Laundry Pty Ltd [2019] NSWCA 20

Hearing dates:

28 August 2018

Decision date:

19 February 2019

Before:

Bathurst CJ at [1];
Beazley P at [2];
White JA at [154]

Decision:

(1)   Appeal dismissed.

 

(2)   Cross-appeal dismissed.

 

(3)   There be no order as to costs with the intent that each party pay its and his own costs.

 (4)   Note that order (3) also applies to Amit Jain.

Catchwords:

EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts — whether evidence of common intention as to allocation of beneficial interests rebutted presumption of resulting trust

 

EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts — presumption of resulting trust — whether mortgage repayments affect beneficial interests as between contributors — whether parties intended to acquire property burdened by mortgage or unburdened of all encumbrances — common intention

 

EQUITY — Trusts and trustees — Resulting trusts — where use of beneficial interest is subject to personal obligation or another beneficial interest — meaning of phrase “immediate and unconditional”

  LAND LAW — Co-ownership — Rights between co-owners — right to possession

Cases Cited:

Bilson v Rogers [2008] NSWSC 469
Bloch v Bloch (1981) 180 CLR 390; [1981] HCA 56
Calverley v Green (1984) 155 CLR 242; [1984] HCA 81
Dullow v Dullow (1985) 3 NSWLR 531
Gissing v Gissing [1971] AC 886
Muschinski v Dodds (1982) 8 Fam LR 622
Muschinski v Dodds (1985) 160 CLR 583; [1985] HCA 78

Category:

Principal judgment

Parties:

Rajil Jain (Appellant)
Amit Laundry Pty Ltd (Respondent)

Representation:

Counsel:
A T S Dawson SC; C Mitchell (Appellant)
J E Thomson; M E Hall (Respondent)

  Solicitors:
Mills Oakley (Appellant)
Western Sydney Legal (Respondent)

File Number(s):

2017/364536

 Decision under appeal 

Court or tribunal:

Supreme Court

Jurisdiction:

Equity

Citation:

Amit Laundry Pty Ltd v Jain [2017] NSWSC 1495

Date of Decision:

3 November 2017

Before:

Ward CJ in Eq

File Number(s):

2016/361471

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant, Rajil Jain, is the sole registered proprietor of a property in Guildford, NSW (the Guildford Property), which was initially acquired in the names of Rajil and his brother, Vinay. Vinay subsequently transferred his registered interest to Rajil. The property was acquired in 1999. The deposit for the property was paid by Amit Laundry Pty Ltd (Amit Laundry), a family business operated by the Jains. A mortgage was taken out in the names of Rajil, Vinay, and their older brother, Amit, in order to pay the balance of the purchase price. The mortgage repayments were made by Amit Laundry. Amit Laundry has occupied the ground floor of the Guildford Property since 1999.

A dispute arose in relation to the beneficial ownership of the property when, on 2 November 2016, Rajil entered into a contract with a third party for the sale of the Guildford Property with vacant possession. On 4 November…