Roda & Roda & Ors

In the matter of *Roda & Roda & Ors*, Cohen J of the Supreme Court of Victoria considered a dispute concerning the beneficial ownership of real property. The proceedings involved a husband, his deceased mother, and his wife. The central issue revolved around the husband's interest in a property registered in his name and his deceased mother's name as joint tenants.

The court was required to determine the extent to which a Nominee Trust Deed, executed by the husband on 19 August 2005, affected the beneficial ownership of the property. Specifically, the court had to ascertain whether the deed had severed the joint tenancy and established a tenancy in common, and if so, in what proportions. Furthermore, the court needed to determine if the husband was contractually obligated by any agreement or deed to sell his interest in the property to a specific person or at a predetermined price.

Cohen J reasoned that the Nominee Trust Deed effectively severed the joint tenancy, converting the beneficial ownership into a tenancy in common. The deed declared that the husband held the land in trust for himself as to a one-half interest and for the estate of his deceased mother as to a one-half interest. The court also found that the husband was not bound by any document, agreement, or deed to sell his interest in the land to any specific person or for any predetermined price. Consequently, the court declared the husband's beneficial interest as a tenant in common of one half, with the remaining half belonging to the estate of his deceased mother. Costs were reserved for the judge who would ultimately decide the section 79 proceedings between the husband and wife.