LRB v Jet

[2025] QDC 161

DISTRICT COURT OF QUEENSLAND

CITATION: 

LRB v JET [2025] QDC 161

PARTIES: 

LRB

(Applicant)

v

JET

(Respondent)

FILE NO:

949/21

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT: 

District Court at Brisbane

DELIVERED ON:

7 November 2025

DELIVERED AT:

Brisbane

HEARING DATE: 

6 and 7 November 2025 

JUDGE:

Porter KC DCJ

ORDER:

1.   The Respondent’s Counterclaim is dismissed.

2.   I will hear the parties as to the form of orders for statutory sale consistent with these reasons and as to costs.

COUNSEL:

N. Shaw for the applicant

The respondent appeared in person

SOLICITORS:

JHK Legal for the applicant

Summary

1. The applicant was the respondent’s de facto stepdaughter from age 5 to 18.  In early 2011, the parties became joint tenants of a house and land located in Queensland (the property). The applicant seeks appointment of a statutory trustee for sale under ss. 37 and 39 Property Law Act 2023 (Qld).

2. The respondent pleads that the applicant holds her interest on constructive or resulting trust for him because he paid the purchase price and because he only conferred an interest in the property on the applicant because she threatened to complain to the Police about sexual offending by him against her if he did not.  The applicant denies any such threat. She pleads that the respondent granted her the interest by way of gift expressly as provision for her.  For the reasons that follow, I accept the applicant’s version and dismiss the Counterclaim. 

3. Further, even if I had accepted the respondent’s version, I would not have granted equitable relief because the respondent committed numerous sexual offences against the applicant in the years leading up to the transfer into joint names.  Equity would not assist the respondent in those circumstances.

The key issues 

1. This proceeding commenced in 2021 as an application for appointment of statutory trustees for sale.  At that time, the respondent was in custody having served 10 years of his 12-year sentence for sexual offending against the applicant (see from [16] below).  The applicant filed a statement of claim on 27 April 2021 which pleaded the formal matters of her status as co-owner and the identity of the trustee.

2. On 5 October 2021, the respondent filed a defence and counterclaim.  The defence admitted co-ownership.  It counterclaimed for declaration of a resulting or constructive trust over the registered interest of the applicant as joint owner of the property.

3. The Counterclaim was oddly pleaded as to the causes of action advanced, but the gravamen was clear.  It alleged that:

   (a)The respondent provided the entire purchase price of $187,000;

   (b)Prior to acquisition of the property, the applicant insisted she be included on the title, rather than the respondent’s biological children;

   (c)The applicant threatened that she would turn the respondent into the Police for his sexual offending unless she was included on the title, and this is why the respondent included her on the title.

4. The Answer admitted that the respondent paid the purchase price but denied that the interest was granted as the respondent…