Szeto v Situ (No 2) [2019] NSWSC 1312

Szeto v Situ (No 2) [2019] NSWSC 1312

The objective material made it more likely than not that the Brother's $30,000 contribution to the Lakemba purchase was made on the basis that he would acquire a proprietary interest, but the father's $22,000 was not shown to be a gift to the Brother and Sister jointly; the Brother's Lakemba interest is therefore calculated by the proportion that $30,000 bears to the total purchase price and purchase costs. For Turrella, the registration as tenants-in-common in equal shares, the evidence, and the Sister's concession established equal beneficial and legal ownership. For Arncliffe, subject to further evidence about outgoings, the Court provisionally found that the parties intended the...

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Equity Proceedings Concerning Beneficial Ownership of Real Property / Principal Judgment on Separate and Preliminary Issue Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw), With Accounts to Be Taken Later
Outcome
Preliminary beneficial ownership issues determined for Lakemba and Turrella, provisional conclusion reached for Arncliffe, and directions made for further evidence and accounts.
Legal Topics
['beneficial Ownership' 'resulting Trust' 'presumption of Advancement' 'registered Title' 'tenancy in Common' 'taking of Accounts']
['equity' 'real Property'] ['beneficial Ownership' 'resulting Trust' 'presumption of Advancement' 'registered Title' 'tenancy in Common' 'taking of Accounts']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Beneficial Ownership of Real Property / Principal Judgment on Separate and Preliminary Issue Under R 28.2 of the Uniform Civil Procedure Rules 2005 (nsw), With Accounts to Be Taken Later

Legal Issues

  1. 1 ["Whether the Brother has a beneficial interest in the Lakemba Property, registered in the Sister's sole name, by reason of his contribution to the purchase price." 'Whether the Brother and the Sister hold the Turrella Property beneficially and legally as tenants-in-common in equal shares.' "Whether the Brother has a beneficial interest in the Arncliffe Property, registered in the Sister's sole name, where he incurred joint loan liability used in connection with the purchase." 'Whether further evidence should be admitted concerning contributions to outgoings for the Arncliffe Property.']

Ratio Decidendi

The objective material made it more likely than not that the Brother's $30,000 contribution to the Lakemba purchase was made on the basis that he would acquire a proprietary interest, but the father's $22,000 was not shown to be a gift to the Brother and Sister jointly; the Brother's Lakemba interest is therefore calculated by the proportion that $30,000 bears to the total purchase price and purchase costs. For Turrella, the registration as tenants-in-common in equal shares, the evidence, and the Sister's concession established equal beneficial and legal ownership. For Arncliffe, subject to further evidence about outgoings, the Court provisionally found that the parties intended the...

Court Disposition

Preliminary beneficial ownership issues determined for Lakemba and Turrella, provisional conclusion reached for Arncliffe, and directions made for further evidence and accounts.

Orders

  • ['Direct the defendant to notify the Court and the plaintiff in writing within 7 days as to whether the defendant proposes to adduce further evidence in relation to the Arncliffe Property as referred to in [78] of the reasons published today.' 'Direct the plaintiff to file and serve within 7 days short minutes of...