Purnell v Purnell

[2024] QDC 79

DISTRICT COURT OF QUEENSLAND

CITATION: 

Purnell v Purnell [2024] QDC 79

PARTIES: 

DAVID JOHN PURNELL
(Plaintiff)

v

DONNA GAYE PURNELL
(Defendant)

FILE NO:

5/21

DIVISION:

Civil

PROCEEDING:

Claim

ORIGINATING COURT: 

District Court

DELIVERED ON:

23 May 2024 (ex tempore)

DELIVERED AT:

Gympie

HEARING DATE: 

23 May 2024

JUDGE:

Porter KC DCJ

ORDERS:

THE COURT DECLARES THAT:

The defendant holds legal title to the property at Lot 78 on Registered Plan 157641, Title Reference 15748014 (the “Glenwood Property”) on constructive trust for the plaintiff and the defendant as tenants in common in equal shares;

THE COURT ORDERS THAT:

1.   The plaintiff pay the defendant $3500; and

2. Pursuant to section 114(3)(a) Land Title Act 1994, David John Purnell and Donna Gaye Purnell be recorded as registered proprietors of the Glendwood Property as tenants in common in equal shares.

CATCHWORDS:

EQUITY – TRUSTS – CONSTRUCTIVE TRUST – Where the plaintiff alleges he contributed purchase money to the acquisition of a property by the defendant – where the Property was bought pursuant to an understanding as to joint ownership and use – where the agreement as to ownership and use was vague and was frustrated by subsequent events – whether a resulting or constructive trust arose

COUNSEL:

Mr P Hanlon for the plaintiff

The defendant appeared in person

SOLICITORS:

L&S Lawyers for the plaintiff

The issues

1. The plaintiff, Mr Purnell, and the defendant, Ms Purnell, are brother and sister. On or about 25 June 2018, Ms Purnell settled on a contract to acquire a property at Lot 78 Pine Ridge Road at Glenwood (the Property). Glenwood is a township, about 40 kilometres North of Gympie. The purchase price was about $46,000. Even allowing for the passing of time, it was a modest purchase. However, it was common ground that since June 2018, the unimproved value of the land has increased to at least $170,000.

2. Although, Ms Purnell was the registered proprietor, her brother resided on the Property from time to time. In about February 2021, Ms Purnell informed her brother she had sold the Property, and he was given three days to vacate. Mr Purnell lodged a caveat and refused to vacate, and on 1 April 2021, Mr Purnell commenced these proceedings to make good the interest asserted in the caveat.

3. Mr Purnell’s caveat asserts an interest in the Property pursuant to an implied resulting or constructive trust. By these proceedings, Mr Purnell sought:

   (a)A declaration that he was entitled to remain living on the Property;

   (b)A declaration that he is the beneficiary of an implied, resulting or constructive trust as to a two-thirds interest in the Property; and

   (c)Consequential orders for him to be registered as proprietor of a two-thirds interest in the Glenwood Property as tenants in common with the defendant.

4. In submissions Mr Hanlon (who appeared for Mr Purnell) had abandoned the application for the first declaration. No such declaration could, or would, ever have been made.  Mr Hanlon also varied the terms of the trust…