Makaritis v Makaritis

In Makaritis v Makaritis, the applicant sought a stay of the respondent's possession proceedings over a property. The applicant claimed that they had a proprietary estoppel and a joint endeavour constructive trust over the property. The application was brought before the Supreme Court of New South Wales. The applicant argued that they had a prima facie case for proprietary estoppel and a joint endeavour constructive trust, which would entitle them to a stay of the respondent's possession proceedings.

The legal issues before the court were whether the applicant had established a prima facie case for proprietary estoppel and a joint endeavour constructive trust, and whether the balance of convenience favoured a stay of the respondent's possession proceedings. The court considered the evidence presented by both parties and determined that the applicant had not established a prima facie case for proprietary estoppel or a joint endeavour constructive trust. The court also found that the balance of convenience did not favour a stay of the respondent's possession proceedings. The court refused the application for a stay and granted leave to the respondent to issue a writ of possession.

The applicant subsequently made a further application for a stay of the writ of possession. The court found that the application was repeated interlocutory and refused to grant a stay. However, the court granted leave to the applicant to caveat the property. This decision highlights the importance of establishing a prima facie case for proprietary estoppel and a joint endeavour constructive trust, as well as the balance of convenience in determining whether to grant a stay of possession proceedings.