Koh v Pateman

Case

[2005] WASC 172


Details
AGLC Case Decision Date
Koh v Pateman [2005] WASC 172 [2005] WASC 172

CaseChat Overview and Summary

This case concerns a dispute over the sale of a family property and the distribution of the proceeds from that sale. The plaintiffs, Janice and Ronda, are the daughters of Ednah, who had sold the property to Ronda and Delma under a Deed of Sale and Co-ownership. After Ednah's death, Ronda sold her interest in the property to Delma, who later sold it to a third party. The plaintiffs claim that Delma is obligated to share one-third of the proceeds from the sale with Ednah's estate. The court found in favour of the plaintiffs and held that Delma was indeed obligated to share the proceeds from the sale of the property with Ednah's estate. The court further held that there was no estoppel preventing the plaintiffs from claiming the proceeds, and that there was no right of set-off for improvements made to the property. The court ordered Delma to account for any profits made from the use of the proceeds and to pay interest on the amount owed to the estate.
Details

Areas of Law

  • Property Law

Legal Concepts

  • Contract Formation

  • Unjust Enrichment

  • Equitable Estoppel

  • Restitution

  • Admissibility of Evidence

  • Account of Profits

  • Declaratory Relief

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

14

Varga v Karam [2018] QDC 242