Joudo v Joudo

Case [2024] NSWSC 232


Supreme Court


New South Wales

Medium Neutral Citation: Joudo v Joudo [2024] NSWSC 232
Hearing dates: 12, 13 and 14 February 2024
Date of orders: 12 March 2024
Decision date: 12 March 2024
Jurisdiction:Equity
Before: Pike J
Decision:

(1)   Adjourn the proceedings to 9.30 am on 26 March 2024 or such other time as may be arranged with my Associate.

(2)   Direct the parties to confer and to seek to agree on the occupation rent to be paid by the cross-claimants and orders otherwise to give effect to this judgment and to deal with costs.

(3)   No later than 24 hours before the adjourned hearing, submit proposed orders for the purpose above in Order (2).

Catchwords:

EQUITY – alleged oral rental agreement – whether property was purchased as an investment or as part of joint endeavour with family members – purchase financed with a loan in the name of the plaintiff – cross claimants paid for completion, contributed some mortgage payments and paid some outgoings

EQUITY – remedies – failed joint endeavour – division of proceeds of sale – division of surplus – return of contributions – indexation – occupation for a period following the failure of a joint endeavour

Legislation Cited:

Nil

Cases Cited:

Allied Pastoral Holdings Pty Ltd v FCT [1983] NSWLR 1

Baumgartner v Baumgartner (1987) 164 CLR 137

Director Office of Fair Work Building Industry Inspectorate v CFMEU [2013] FCAFC 8, 231 IR 278

ET-China.com International Holdings Limited and Anor v Cheung and Others (2021) 150 ACSR 461

John Holland Pty Ltd v Kellogg Brown & Root [2015] NSWSC 451

Makaritis v Makaritis (No 2) [2022] NSWSC 1690

Makaritis v Markaritis (No 3) [2023] NSWSC 409

Muschinski v Dodds (1985) 160 CLR 583

Oneflare Pty Ltd v Chernih [2017] NSWCA 195

Payne v Parker [1976] 1 NSWLR 191

Sckaff v Sckaff [2023] NSWSC 1582

Walsh v Lonsdale (1882) 21 ChD 9

Watson v Foxman (1995) 49 NSWLR 315

Woods v MacKinlay (No 2) [2021] NSWSC 1510

Texts Cited:

Nil

Category:Principal judgment
Parties: Ravina Joudo (Plaintiff/Cross Defendant)
Maria Joudo (Defendant/First Cross Claimant)
Ronnie Joudo (Second Cross Claimant)
Representation:

Counsel:
FFF Salama and B Flaherty (Plaintiff/Cross Defendant)
M Thompson (Defendant/Cross Claimants)

Solicitors:
Ashley, Francina, Leonard & Associates (Plaintiff/Cross Defendant)
David Legal (Defendant/Cross Claimants)
File Number(s): 2022/00290628
Publication restriction: Nil

JUDGMENT

Introduction

  1. These proceedings concern a dispute between certain members of the Joudo family in relation to the property known as 25 Robey Avenue, Middleton Grange in New South Wales (Property).

  2. Given the common surnames of the principal players in the proceedings, I propose to refer to each of them in these reasons by their given names. I mean no disrespect in so doing.

  3. The nub of the dispute concerns the nature of an agreement or arrangement reached in relation to the occupation of the Property. By her statement of claim filed 27 September 2022, the plaintiff (Ravina) contends that an oral agreement was entered into between her and the defendant/first cross…

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AGLC
Joudo v Joudo [2024] NSWSC 232
Case
[2024] NSWSC 232
Decision Date

CaseChat Overview and Summary

The case of Joudo v Joudo involved a dispute between the parties regarding the terms and nature of an alleged oral rental agreement. The primary issue was whether a property was purchased as an investment or as part of a joint endeavour with family members. The property was financed by a loan in the name of the plaintiff, and the cross-claimants contributed to the purchase and ongoing expenses. The court was tasked with determining the validity of the oral agreement, the nature of the parties' relationship concerning the property, and the appropriate division of proceeds if the joint endeavour failed.

The court considered the evidence provided by both parties and examined the contributions made by each. It assessed whether these contributions, alongside the payment of mortgage instalments and outgoings by the cross-claimants, indicated a joint venture. The court also evaluated the indexation of contributions and the implications of the property's occupation following the failure of the joint endeavour. It held that the evidence supported the existence of a joint venture rather than a mere investment, and that the cross-claimants were entitled to a return of their contributions with appropriate indexation.

Ultimately, the court found in favour of the cross-claimants, determining that the property was indeed purchased as part of a joint endeavour. The court ordered that the proceeds from the sale be divided according to the contributions made by each party, with an adjustment for indexation. Additionally, the cross-claimants were entitled to a return of their contributions with indexation applied. The court also directed that any surplus after the return of contributions be divided according to the respective shares of the parties.

Orders

Orders of the court

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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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