DISTRICT COURT OF QUEENSLAND
CITATION:
Quinn v Quinn [2016] QDC 337
PARTIES:
JOHN ROGER GOFTON QUINN
(plaintiff)v
VARINA LEA QUINN
(defendant)FILE NO/S:
4389 of 2014
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT:
Brisbane
DELIVERED ON:
16 December 2016
DELIVERED AT:
Brisbane
HEARING DATE:
3 and 5 May 2016
JUDGE:
Richards DCJ
ORDER:
Claim dismissed.
CATCHWORDS:
EQUITY – GENERAL PRINCIPLES – UNCONSCIONABLE CONDUCT – SPECIAL DISADVANTAGE – where the plaintiff transferred a block of land to the defendant – where the plaintiff says he was under a special disadvantage at the time he transferred the block and the defendant had knowledge of this disadvantage – whether the defendant acted unconscionably
COUNSEL:
Mr A P Collins for the plaintiff
SOLICITORS:
Quinn & Scattini Lawyers for the plaintiff
Defendant represented herself
The plaintiff was born on 28 February 1929. He married on 24 November 1950 and had six children from this union. His wife passed away on 22 January 2010. At the time of her death he was the registered owner of Lot 1 on SP219243, Certificate of Title 50730288, a property known as 35 Lakeview Drive, Esk. The property comprised of a house sitting on four acres of lawn and hedges.
About 8 months after his wife died the plaintiff subdivided the block into 2 lots and sold a one acre block. This was unrelated to this action. In or about June 2011 the plaintiff engaged a land surveyor to prepare a Plan of Survey for a further subdivision of the property at 35 Lakeview Drive Esk. That Plan of Survey was registered in or about November 2011, it having been subdivided into two lots, house and land located at 35 Lakeview Drive, Esk sitting on two acres of land and a vacant block of land of one acre on Lot 2, SP245925, County of Cavendish, Parish of Esk, Title Reference 50867946.
The plaintiff was a builder by trade and had bought and sold houses over the years. He had subdivided two blocks of the original five acres of property and sold them to neighbours. He was familiar with subdivisions and property sales and as such regarded himself as experienced in property dealings and the defendant as lacking in experience.[1] There is an allegation on behalf of the plaintiff that the defendant should have told the plaintiff to consult with a solicitor. I find having watched the plaintiff give evidence and examined his interviews with his solicitor that it is extremely unlikely that even if the defendant had advised the plaintiff to consult with a solicitor that he would have done so.
[1] Exhibit 12 page 9
Around 19 December 2011 the plaintiff transferred the vacant land newly created to the defendant. This property is the subject of this action. The plaintiff says that the property was transferred as a result of the defendant’s unconscionable conduct.
The particulars of the unconscionable conduct are:
(a) the defendant’s lodgement…
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- AGLC
- Quinn v Quinn [2016] QDC 337
- Case
- [2016] QDC 337
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the defendant's actions constituted unconscionable conduct in light of the plaintiff's special disadvantage. The court had to assess whether the defendant was aware of this disadvantage and whether the transfer of the land was exploitative of that disadvantage. The court's analysis focused on the nature of the special disadvantage, the defendant's knowledge of this disadvantage, and whether the transfer was fair and just under the circumstances.
The court concluded that the plaintiff had not demonstrated that the defendant acted unconscionably. The court found that while the plaintiff was under a special disadvantage, there was insufficient evidence to show that the defendant was aware of this disadvantage at the time of the transfer. Additionally, the court determined that the transaction was not exploitative or unfair, as the plaintiff had not been coerced or pressured into the transfer. Consequently, the court dismissed the plaintiff's claim.
The court did not grant any relief to the plaintiff and dismissed the claim. The orders of the court reflected the dismissal, with no further action or relief being awarded to the plaintiff.
Orders
Orders of the court
Claim dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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