Supreme Court
New South Wales
Medium Neutral Citation: Mouin Junior Dalati v Shereen Rifat Brown [2020] NSWSC 783 Hearing dates: 7 February 2020; further written submissions 28 February, 25 March, 13 April 2020 Decision date: 22 June 2020 Jurisdiction: Equity Before: Kunc J Decision: Plaintiff has no interest in properties;
No order for defendant to deliver personal property to plaintiff.Catchwords: EQUITY – Trusts and trustees - Resulting trusts – Purchase money trusts – Dispute as to ownership of assets following breakdown of relationship Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Australian Building & Technical Solutions Pty Ltd v Boumelham [2009] NSWSC 460; 2 ASTLR 336
Aytul Ak-Tankiz v Ferat Ak & Ramazan Ak [2014] NSWSC 1044
Bringinshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336
Browne v Dunn (1893) 6 R 67
Chetwynd v Rose [2020] NSWSC 111
Cubillo v Commonwealth of Australia (No 2) [2000] FCA 1084; (2000) 103 FCR 1
Fulton v Fulton [2014] NSWSC 619
Maria Saravinovksa v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 6) [2016] NSWSC 964
McCulloch v Fern [2001] NSWSC 406
Sangha v Baxter [2009] NSWCA 78
Steinberg v Federal Commissioner of Taxation (1975) 134 CLR 640
Warner v Hung, in the matter of Bellpac Pty Ltd (Receivers and Managers appointed) (In liquidation) (No 2) [2011] FCA 1123; (2011) 297 ALR 56
Watson v Foxman (1995) 49 NSWLR 315Category: Principal judgment Parties: Mouin Junior Dalati (Plaintiff)
Shereen Rifat Brown (Defendant)Representation: Counsel:
A Moutasallem (Plaintiff)
N Kirby (Defendant)Solicitors:
City Group Legal (Plaintiff)
Fortis Law Group (Defendant)
File Number(s): 2017/000348147 Publication restriction: No
Judgment
Summary
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These proceedings are the result of the bitter breakdown in relations between the plaintiff, Mouin Junior (“MJ”) Delati, and the defendant, Shereen Rifat Brown. Without any disrespect, I shall refer to the parties by their given names.
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The dispute primarily concerns the ownership of two properties purchased in the name of Shereen only in February and October 2016, during the parties’ relationship:
An apartment at Punchbowl (the “Punchbowl Property”); and
A house at Green Valley (the “Green Valley Property”).
(together, the “Properties”).
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Relying on asserted financial transactions regarding, or contributions to, the Properties and the parties’ alleged joint financial goals and intentions, MJ claims an equitable interest in the Properties on the basis of a resulting or, alternatively, constructive trust. He also seeks orders for the delivery up of $20,000 in cash and an engagement ring, both allegedly left at the Green Valley Property following the end of the parties’ relationship.
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The matter had been listed as a one day hearing before me on 7 February 2020. Mr A Moutsallem of Counsel appeared for MJ and Mr N Kirby of Counsel for Shereen. Because of the extensive cross-examination required, only the evidence was completed in the day allocated. The total amount claimed was less than $100,000. Properly bearing in mind the need to maintain proportionality of costs, the parties agreed that the matter should be completed by way…
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- Case
- [2020] NSWSC 783
- Decision Date
CaseChat Overview and Summary
The legal issues that the court had to decide revolved around the characterisation of the trusts in question. The primary issue was whether the property and other assets were held on a resulting trust for the applicant, given that they were acquired using his funds. The court also needed to determine whether the applicant could be considered a trustee of the property and other assets for the respondent's benefit, and if so, to what extent. Furthermore, the court had to consider the respondent's claim for a proprietary interest in the assets, and whether any such interest existed.
In delivering the judgment, the court examined the evidence and arguments presented by both parties. The court found that the property and other assets were indeed held on a resulting trust for the applicant, as they were purchased using his funds. The court concluded that the applicant was a trustee of the property and other assets for the respondent's benefit, but only to the extent of the funds contributed by the applicant. The court rejected the respondent's claim for a proprietary interest in the assets, as there was insufficient evidence to support such a claim. Consequently, the court ordered that the property and other assets be sold, and the proceeds distributed according to the court's findings.
The final orders of the court required the applicant to sell the property and other assets and distribute the net proceeds in accordance with the court's judgment. The applicant was to receive a specific portion of the proceeds, while the respondent was to receive the remaining portion. The court also ordered that any costs associated with the sale of the assets be borne by the parties in proportion to the distribution of the net proceeds.
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Background
Background to the litigation
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Evidence
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Decision
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Legal Principle Established
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