Robins v Robins

In Robins v Robins, the plaintiff sought to enforce an oral agreement she claimed she had with her daughter, the defendant, in relation to the joint purchase and ownership of a property. The property was purchased in the daughter's name alone, but the plaintiff lodged a caveat claiming a half interest. The court had to determine if an agreement existed, its terms, if there was a sufficient note or memorandum, and if the plaintiff's conduct rendered the agreement illegal or unenforceable. The court found an agreement existed for joint ownership, evidenced by a statutory declaration signed by the daughter. The note or memorandum satisfied the Statute of Frauds as it contained the agreed terms. Although the plaintiff's conduct involved obtaining benefits she was not entitled to, it did not preclude her from claiming her entitled share of the proceeds. The court held the defendant liable to pay the plaintiff half of the net proceeds of sale, subject to the plaintiff compensating the relevant authorities for the improperly obtained benefits.