Shepherd v Lawson

[2019] QSC 174

SUPREME COURT OF QUEENSLAND

CITATION:

Shepherd v Lawson & Anor [2019] QSC 174

PARTIES:

ANNE SHEPHERD

(plaintiff)

v

STEPHEN JAMES LAWSON
SUZANNE DENISE LAWSON  

(defendants)

FILE NO/S:

BS No 10405 of 2015

DIVISION:

Trial Division

PROCEEDING:

Trial

ORIGINATING COURT:

Supreme Court at Brisbane

DELIVERED ON:

16 July 2019

DELIVERED AT:

Brisbane

HEARING DATE:

23, 24 & 26 April 2019, further written submissions 17 May 2019 and 23 May 2019

JUDGE:

Lyons SJA

ORDER:

The orders of the court are:

1.   Judgment for the plaintiff in the amount of $135,988 plus interest.

2.   I will hear from the parties as to the form of the orders including orders in relation to the removal of the caveat and as to costs.

CATCHWORDS:

CONVEYANCING – BREACH OF CONTRACT FOR SALE AND REMEDIES – ENTITLEMENT TO DEPOSIT – OTHER CASES – where the plaintiff entered into a contract to purchase property from the defendants on a rent to buy basis – where the plaintiff paid a deposit and occupied the property by paying weekly licence fees – where the plaintiff made renovations to the property – where settlement did not proceed – where the plaintiff lodged a caveat over the property – where the plaintiff claims part of the purchase price of the property and the value of improvements made to the property – where the defendants seek removal of the caveat and counterclaims damages for breach of contract – whether the plaintiff is entitled to a return of the deposit – whether the plaintiff is entitled to equitable compensation for the increase in the value of the property as a consequence of the renovations and improvements – whether the defendants are entitled to damages for breach of contract

EQUITY – TRUSTS AND TRUSTEES – IMPLIED TRUSTS – CONSTRUCTIVE TRUSTS – where the plaintiff claims the defendants hold the property on constructive trust – where the plaintiff seeks a declaration of equitable interest as purchaser – whether the alleged defects of the property have the effect of denying the plaintiff an interest as the beneficiary of a constructive trust – whether the plaintiff is entitled to a declaration of equitable interest as purchaser of estate in fee simple

Civil Proceedings Act 2011 (Qld), s 58
Property Law Act 1974 (Qld), s 72
Residential Tenancies and Rooming Accommodation Act 2008 (Qld)

Equuscorp P/L v Glengallan Investments P/L (2004) 218 CLR 471
Freedom v AHR Constructions Pty Ltd [1987] 1 Qd R 59
Lexane Pty Limited v Highfern Pty Ltd [1985] 1 Qd R 446
Stern v McArthur (1988) 165 CLR 489

COUNSEL:

S Fisher for the plaintiff
D Morgan for the defendants

SOLICITORS:

No appearance for the plaintiff
Colville Johnstone Lawyers for the defendants

Background

1. The defendants have been the registered proprietors of residential land at Akala Street, Camp Hill since 1999.  As it was an investment property it was rented out to a number of tenants between 1999 and early 2012. In early 2012, the defendants rented the property out for $350 per week…