Nguyen v Sage Consultant Group Pty Ltd; Dang v Nguyen [2021] NSWSC 753

Nguyen v Sage Consultant Group Pty Ltd; Dang v Nguyen [2021] NSWSC 753

Ms Dang failed to establish that she is currently entitled to a proprietary or equitable interest in the Smithfield property that can be protected by a caveat: she was not a reliable witness; there was no corroboration for her claimed oral agreement or her payment of acquisition monies as alleged; the documentary and circumstantial evidence contradicted her constructive trust and equitable lien claims; and any claim by subrogation to the mortgage is at best a mere equity, not presently caveatable. Accordingly, the caveat must be withdrawn, and the Nguyens (as judgment creditors) are entitled to an injunction requiring Ms Dang to withdraw the caveat and not lodge another that interferes...

Parties
First Plaintiff (2017/60096), First Defendant (2019/296623): Van Tuan Nguyen; Second Plaintiff (2017/60096), Second Defendant (2019/296623): Phuong Anh Nguyen; Third Plaintiff (2017/60096), Third Defendant (2019/296623): Ngoc Tu Nguyen; First Defendant (2017/60096): Sage Consultant Group Pty Ltd; Second Defendant (2017/60096), Fourth Defendant (2019/296623): Quoc Dung Hoang; Third Defendant (2017/60096), Plaintiff (2019/296623): Thu Thuy Dang; Fourth Defendant (2017/60096): Kennie Thanh Khoi Nguyen; Fifth Defendant (2017/60096): Sheriff of New South Wales; Fifth Defendant (2019/296623): Registrar-General of New South Wales
Jurisdiction
Australia
Judgment Date
24 June 2021
Procedural Posture
Equity — Dispute Concerning Property Interests and Caveats, Related Enforcement of Money Judgment / Principal Judgment Following Final Hearing of Two Related Proceedings Heard Together
Outcome
Ms Dang did not establish a constructive trust or equitable lien over the Smithfield property; the caveat is not maintainable; Nguyens are entitled to injunction requiring withdrawal of caveat and non-interference with enforcement of future writ; declaratory and injunctive relief in favour of Nguyens to be settled...
Legal Topics
Equitable Charges and Liens, Constructive Trust, Equitable Interests in Property, Caveats, Legislation Regarding Writs and Enforcement, Subrogation, Standing to Challenge Caveats, Removal of Caveats, Oral Contracts, Fraud/misrepresentation (background)
Equity Land Law Civil Procedure Equitable Charges and Liens Constructive Trust Equitable Interests in Property Caveats Legislation Regarding Writs and Enforcement +5 more

Case Brief

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Parties

Van Tuan Nguyen

First Plaintiff (2017/60096), First Defendant (2019/296623)

Phuong Anh Nguyen

Second Plaintiff (2017/60096), Second Defendant (2019/296623)

Ngoc Tu Nguyen

Third Plaintiff (2017/60096), Third Defendant (2019/296623)

Sage Consultant Group Pty Ltd

First Defendant (2017/60096)

Quoc Dung Hoang

Second Defendant (2017/60096), Fourth Defendant (2019/296623)

Thu Thuy Dang

Third Defendant (2017/60096), Plaintiff (2019/296623)

Kennie Thanh Khoi Nguyen

Fourth Defendant (2017/60096)

Sheriff of New South Wales

Fifth Defendant (2017/60096)

Registrar-General of New South Wales

Fifth Defendant (2019/296623)

Procedural Posture

Equity — Dispute Concerning Property Interests and Caveats, Related Enforcement of Money Judgment / Principal Judgment Following Final Hearing of Two Related Proceedings Heard Together

Legal Issues

  1. 1 Whether Ms Dang holds an equitable interest or a caveatable interest in the Smithfield property capable of being protected by a caveat
  2. 2 Whether a constructive trust or equitable lien arose in favour of Ms Dang over the property due to alleged oral agreement/monetary contribution
  3. 3 Whether judgment creditors (the Nguyens) have standing to seek removal of the caveat

Ratio Decidendi

Ms Dang failed to establish that she is currently entitled to a proprietary or equitable interest in the Smithfield property that can be protected by a caveat: she was not a reliable witness; there was no corroboration for her claimed oral agreement or her payment of acquisition monies as alleged; the documentary and circumstantial evidence contradicted her constructive trust and equitable lien claims; and any claim by subrogation to the mortgage is at best a mere equity, not presently caveatable. Accordingly, the caveat must be withdrawn, and the Nguyens (as judgment creditors) are entitled to an injunction requiring Ms Dang to withdraw the caveat and not lodge another that interferes...

Court Disposition

Ms Dang did not establish a constructive trust or equitable lien over the Smithfield property; the caveat is not maintainable; Nguyens are entitled to injunction requiring withdrawal of caveat and non-interference with enforcement of future writ; declaratory and injunctive relief in favour of Nguyens to be settled...

Orders

  • Parties required to submit agreed or contending draft short minutes of order to give effect to judgment/reasons within 21 days;
  • Nguyens directed to serve reasons for judgment upon the Sheriff, Registrar-General, and Daniela Fazio within 7 days;