Ryan v Ryan [2012] NSWSC 636

Ryan v Ryan [2012] NSWSC 636

The estate has a seriously arguable and strong proprietary claim on the funds, both by operation of the forfeiture rule (constructive trust over half or more of the interest acquired by Mrs Ryan on her husband's death) and resulting trust (to the extent of the disproportionate contributions to purchase price, as presumption of advancement does not apply at present to de facto partners). However, in balancing competing interests and in recognition of public interest in facilitating access to justice for criminal appeals, payment out of the fund to Mrs Ryan for reasonable legal costs related to her criminal appeal only may be permitted, subject to the provision of satisfactory costs...

Parties
Plaintiff/respondent: Benjamin Keil Ryan; Defendant/applicant: Helen Kay Ryan; Child in Related Proceedings: C (daughter, not a party to forfeiture proceedings)
Jurisdiction
Australia
Judgment Date
08 June 2012
Procedural Posture
Interlocutory Application / Application for Payment Out of Funds Held in Court Prior to Final Determination of Forfeiture Proceedings
Legal Topics
Resulting Trusts, Constructive Trusts, Presumption of Advancement, Forfeiture Rule, Payment Out of Funds in Court, Legal Fees Funding From Funds in Dispute
Equity Practice and Procedure Resulting Trusts Constructive Trusts Presumption of Advancement Forfeiture Rule Payment Out of Funds in Court Legal Fees Funding From Funds in Dispute

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Parties

Benjamin Keil Ryan

Plaintiff/respondent

Helen Kay Ryan

Defendant/applicant

C (daughter, not a party to forfeiture proceedings)

Child in Related Proceedings

Procedural Posture

Interlocutory Application / Application for Payment Out of Funds Held in Court Prior to Final Determination of Forfeiture Proceedings

Legal Issues

  1. 1 Whether Mrs Ryan should be permitted access to funds held in Court to pay legal costs while entitlement to those funds is disputed
  2. 2 Whether the estate's claim for resulting or constructive trust over the funds is seriously arguable
  3. 3 Whether a presumption of advancement applies given the parties’ relationship at the time of property acquisition

Ratio Decidendi

The estate has a seriously arguable and strong proprietary claim on the funds, both by operation of the forfeiture rule (constructive trust over half or more of the interest acquired by Mrs Ryan on her husband's death) and resulting trust (to the extent of the disproportionate contributions to purchase price, as presumption of advancement does not apply at present to de facto partners). However, in balancing competing interests and in recognition of public interest in facilitating access to justice for criminal appeals, payment out of the fund to Mrs Ryan for reasonable legal costs related to her criminal appeal only may be permitted, subject to the provision of satisfactory costs...