Perry v Bostock - [2019] QDC 253

DISTRICT COURT OF QUEENSLAND

CITATION:

Perry v Bostock [2019] QDC 253

PARTIES:

PERRY, Alan Dale
(Plaintiff)

v

BOSTOCK, Kirsteen Lyndall
(Defendant)

FILE NO/S:

DC 1356 of 2019

DIVISION:

District Court

PROCEEDING:

Trial

ORIGINATING COURT:

District Court at Brisbane

DELIVERED ON:

12 December 2019

DELIVERED AT:

Brisbane

HEARING DATE:

28 – 30 October 2019

JUDGE:

Loury QC DCJ

ORDER:

1.   Declare that the defendant holds the proceeds of the sale of the property described in these reasons on trust for the plaintiff to the extent of $51,087.00

2.   Order that the defendant pay the plaintiff equitable compensation in the sum of $51,087.00

3.   I will hear the parties as to costs.

CATCHWORDS:

EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS – CONSTRUCTIVE TRUSTS – where the plaintiff and defendant were in a romantic relationship – where the defendant purchased a property – where they never cohabitated – where significant improvements were made to the property – where the plaintiff contributed funds to the property – where the plaintiff claims a constructive trust over the proceeds of the sale equal to his contributions to the property – where the defendant counterclaims unpaid rent and other expenses

Baumgartner v Baumgartner (1987) 164 CLR 137
Engwirda v Engwirda & Ors (2000) QCA 61
Muschinski v Dodds (1985) 160 CLR 583

COUNSEL:

J Hewson for the Plaintiff

A Laylee for the Defendant

SOLICITORS:

BTLawyers for the Plaintiff

DBL Solicitors for the Defendant

Background

The plaintiff and defendant met online in 2009 and started dating in 2010. Their romantic relationship continued until 13 July 2015, although they never cohabitated. On 6 September 2013, the defendant purchased a rural property for $375,000. She made many improvements to the property ultimately selling it in December 2015 for $650,000. The plaintiff lived at that property from mid 2014 through to September 2015. It was not in contest that he paid for the installation of a bore, the construction of a shed and the installation of an off-grid solar system. It is the cost of these items together with the value of his labour in maintaining the property and its resident livestock, for which the plaintiff claims a declaration of a constructive trust over that much of the proceeds of the sale of the property that equals the value of his financial and other contributions to the maintenance and improvement of the property. The defendant counterclaims for unpaid rent, the cost of the food the defendant purchased to feed the plaintiff’s animals, the costs associated with the purchase of a horse float, the application fee for connection to mains power and the cost of remedying the defective installation of the off-grid solar system.

The history of the relationship and purchase of the rural property

At the time that the romantic relationship commenced between the plaintiff and defendant, he was living with his mother in Hamilton. He did not pay her any rent. The defendant lived with her three children at an address in Cannon Hill. She owned that property. The…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Perry v Bostock

Details

AGLC: Perry v Bostock [2019] QDC 253
Case: [2019] QDC 253
Decision Date: 12 December 2019

CaseChat Overview and Summary

Perry v Bostock involved a dispute between the plaintiff and defendant who were in a romantic relationship but never cohabitated. The defendant purchased a property during their relationship, and the plaintiff claims a constructive trust over the proceeds of the sale equal to his contributions to the property. The defendant counterclaimed for unpaid rent and other expenses. The case was heard in the Supreme Court of Queensland.

The primary legal issue was whether the plaintiff was entitled to a constructive trust over the proceeds of the sale of the property, given the contributions he made to the property during the relationship. The court had to consider the principles of equity and the nature of the contributions made by the plaintiff, alongside the defendant's counterclaim for unpaid rent and other expenses. The court also needed to assess whether the contributions made by the plaintiff were sufficient to warrant a constructive trust.

The court found that the plaintiff's contributions to the property, both financial and otherwise, were substantial and that the defendant had benefited from these contributions. It was determined that the plaintiff's contributions were not adequately compensated by the defendant's counterclaim. The court held that a constructive trust was appropriate to rectify the unjust enrichment of the defendant at the plaintiff's expense. Consequently, the court declared that the defendant held the proceeds of the sale on trust for the plaintiff to the extent of $51,087.00, representing the plaintiff's contributions. The court also ordered the defendant to pay the plaintiff equitable compensation in that sum.

The final orders of the court were to declare that the defendant holds the proceeds of the sale on trust for the plaintiff to the extent of $51,087.00, to order the defendant to pay the plaintiff equitable compensation in that sum, and to hear the parties as to costs.

Orders

Orders of the court

1. Declare that the defendant holds the proceeds of the sale of the property described in these reasons on trust for the plaintiff to the extent of $51,087.00

2. Order that the defendant pay the plaintiff equitable compensation in the sum of $51,087.00

3. I will hear the parties as to costs.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Perry v Bostock [2019] QDC 253
PARTIES:	PERRY, Alan Dale (Plaintiff) v BOSTOCK, Kirsteen Lyndall (Defendant)
FILE NO/S:	DC 1356 of 2019
DIVISION:	District Court
PROCEEDING:	Trial
ORIGINATING COURT:	District Court at Brisbane
DELIVERED ON:	12 December 2019
DELIVERED AT:	Brisbane
HEARING DATE:	28 – 30 October 2019
JUDGE:	Loury QC DCJ
ORDER:	1. Declare that the defendant holds the proceeds of the sale of the property described in these reasons on trust for the plaintiff to the extent of $51,087.00 2. Order that the defendant pay the plaintiff equitable compensation in the sum of $51,087.00 3. I will hear the parties as to costs.
CATCHWORDS:	EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS – CONSTRUCTIVE TRUSTS – where the plaintiff and defendant were in a romantic relationship – where the defendant purchased a property – where they never cohabitated – where significant improvements were made to the property – where the plaintiff contributed funds to the property – where the plaintiff claims a constructive trust over the proceeds of the sale equal to his contributions to the property – where the defendant counterclaims unpaid rent and other expenses Baumgartner v Baumgartner (1987) 164 CLR 137 Engwirda v Engwirda & Ors (2000) QCA 61 Muschinski v Dodds (1985) 160 CLR 583
COUNSEL:	J Hewson for the Plaintiff A Laylee for the Defendant
SOLICITORS:	BTLawyers for the Plaintiff DBL Solicitors for the Defendant