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White v O'Neill

White v O'Neill

Case [2010] NSWSC 1193 22 October 2010

De Facto Relationships

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CITATION: White v O'Neill [2010] NSWSC 1193

HEARING DATE(S): 28, 29, 30 September 2010

JUDGMENT DATE :
22 October 2010

JUDGMENT OF: Bryson AJ at 1

DECISION: 1. Declare that the Defendant holds the property in Gilbert Avenue, Gorokan the land in Folio Identifier 2/SP36223 upon trust for the plaintiff.
2. Order that the Defendant forthwith create and deliver to the Plaintiff or her solicitors a transfer in registrable form of the land in Folio Identifier 2/SP36223 and take all the steps necessary to bring about its registration.
3. Order that the Defendant pay the Plaintiff’s costs of the proceedings on the Plaintiff’s claim.
4. Dismiss the cross-claim with costs.

CATCHWORDS: DE FACTO RELATIONSHIP – application for adjustment of property interests – defendant’s contributions to plaintiff’s asset position are entirely outweighed by advantages he has derived from occupation, without payment of rent, of property – no order in defendant’s favour. - DEFENCES – illegality – whether defendant was registered proprietor for purpose of evading capital gains tax or concealing assets in relation to social security benefits – title to property not arranged for illegal purpose. - TRUSTS – resulting or constructive trust – proof of beneficial ownership – defendant holds legal interest – plaintiff contributed whole purchase price – no arrangement or expression of intention for defendant to have life interest – plaintiff did not manifest intention to confer beneficial ownership on defendant – plaintiff is beneficial owner of property.

LEGISLATION CITED: Conveyancing Act 1919
Property (Relationships) Act 1984
Social Security Act 1991 (Cth)

CATEGORY: Principal judgment

CASES CITED: Grech v Walsh [2007] NSWSC 302
Holman v Johnson (1775) 1 Cowp 341, 98 ER 1120
Nelson v Nelson (1995) 184 CLR 538
Venus Adult Shops Pty Ltd v Fraserside Holdings Ltd [2006] FCAFC 188
Woodland v Rodriguez [2004] NSWSC 1167

TEXTS CITED: Not applicable

PARTIES: Joan White
Philip Joseph O'Neill

FILE NUMBER(S): SC 2007/258370

COUNSEL: Pl: Mr T Hodgson
Def: Ms A Rao

SOLICITORS: Pl: Hancock Alldis & Roskov
Def: Jennifer Weate & Associates

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

BRYSON AJ

Friday 22 October 2010

SC 2007/258370 Joan WHITE v Philip Joseph O’NEILL

JUDGMENT

1 HIS HONOUR: The plaintiff sues to establish that she is the beneficial owner of a Villa at Gilbert Avenue, Gorokan in Folio Identifier 2/SP36223. The defendant is the registered proprietor. He bought the Villa in his sole name as purchaser for $210,000 on or about 31 July 2003. The plaintiff claims that she contributed the whole purchase price and that the defendant holds the legal estate in trust for her. Alternatively she asks that the Court impose a constructive trust to that effect.

2 As a further alternative she claims an order under the Property (Relationships) Act 1984 s 20(1) adjusting interests in the property of the parties. She commenced the proceedings on 20 December 2007 and needs leave under s 18(2) as the de facto relationship between the parties ended more than two years earlier. The defendant…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading White v O'Neill

Details

AGLC: White v O'Neill [2010] NSWSC 1193
Case: [2010] NSWSC 1193
Decision Date: 22 October 2010

CaseChat Overview and Summary

In the Federal Circuit Court of Australia, White brought proceedings against O'Neill regarding the adjustment of property interests. The couple had been in a de facto relationship and had purchased a property together. Upon the termination of their relationship, White sought an adjustment of their property interests. The main dispute centred on the division of the property and whether O'Neill was entitled to any share of the property despite his contributions being minimal compared to White's financial input.

The court was required to determine whether O'Neill's contributions to White's asset position were significant enough to warrant any adjustment of their property interests. Additionally, the court considered whether O'Neill's registration as the proprietor of the property was for the purpose of evading capital gains tax or concealing assets in relation to social security benefits. Furthermore, the court needed to assess whether a resulting or constructive trust was applicable in this scenario.

The court held that O'Neill's contributions were entirely outweighed by the advantages he had derived from occupying the property without paying rent. Consequently, there was no basis for an adjustment in his favour. The court also found that O'Neill was not registered as the proprietor for any illegal purpose. In relation to the trust issue, the court concluded that White was the beneficial owner of the property, as there was no evidence of an arrangement or expression of intention for O'Neill to have a life interest or that White intended to confer beneficial ownership on him. The court ruled that White was the sole beneficial owner of the property, and no order was made in favour of O'Neill.

Orders