[2000] TASSC 160
CITATION: Rhodes v Badenach & Anor [2000] TASSC 160
PARTIES: RHODES, Jonathon Keith
v
BADENACH, Robert John
NELSON, Alma Isobel as executors of the
estate of Sydney Lionel Richardson (deceased)
TITLE OF COURT: SUPREME COURT OF TASMANIA
JURISDICTION: Original
FILE NO/S: 883/1997
DELIVERED ON: 14 November 2000
DELIVERED AT: Hobart
HEARING DATES: 20 - 22, 25 - 29 September 2000
JUDGMENT OF: Blow J
CATCHWORDS:
Equity - General principles - Rules and maxims of equity - He who seeks equity must do equity - Clean hands - Conditional order for equitable compensation.
Nelson v Nelson (1995) 184 CLR 538, applied.
Aust Dig Equity [1]
REPRESENTATION:
Counsel:
Plaintiff: G L Sealy
Defendants: K B Procter and S K Kempton
Solicitors:
Plaintiff: Piggott Wood & Baker
Defendants: Murdoch Clarke
Judgment Number: [2000] TASSC 160
Number of Paragraphs: 54
Serial No 160/2000
File No 883/1997
JONATHON KEITH RHODES v ROBERT JOHN BADENACH
and ALMA ISOBEL NELSON as executors of the estate of
Sydney Lionel Richardson (deceased)
REASONS FOR JUDGMENT BLOW J
14 November 2000
The plaintiff has sued the defendants for a declaration that they hold certain land at Sandford upon trust for him, orders requiring them to do all things necessary to transfer that land to him, and a number of alternative equitable remedies, including equitable compensation. He has sought those remedies on the basis of proprietary estoppel. The land claimed by the plaintiff has an area, by my calculations, of about 3,500 square metres. The improvements on it include a cottage ("the shack"), another residential building ("the bungalow"), and the greater part of a shed. The claimed land does not have a separate title, but is part of Lot 3 on sealed plan 27499. Lot 3 is the land comprised in Certificate of Title volume 27489 folio 3. The late Sydney Lionel Richardson was the registered proprietor of that lot prior to his death on 5 September 1996. The defendants are his executors.
The plaintiff went to live in the shack in September 1979. He did so by arrangement with its previous occupant, a Mr Ford, who had decided to move out. Mr Ford had been paying Mrs Richardson, the wife of the deceased, $80 per month by way of rent. She lived in the main farmhouse on what is now Lot 3, but Mr Richardson was not living there at the time. The plaintiff apparently did not consult anyone but Mr Ford before occupying the shack in place of him, but he commenced paying rent of $80 per month to Mrs Richardson, and she accepted that rent.
The land in question has been in the Richardson family for generations. In 1979, it formed part of 60 acres owned by the late Mr Richardson and his brother, William Henry Keith Richardson, as tenants in common in equal shares. The brother conveyed his share to two women, probably his daughters, by way of gift in 1982. In 1986, the 60 acres were brought under the Land Titles…
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