Calvo v Calvo [2019] NSWSC 213

Calvo v Calvo [2019] NSWSC 213

The plaintiff's statement of claim and evidence do not disclose any reasonable cause of action for a declaration of trust or equitable interest in the property. The contributions relied on occurred before any alleged representations, which were themselves insufficient to amount to a binding intention. There is no basis for relief by way of express, resulting, or constructive trust. The proceedings are dismissed.

Parties
Plaintiff: Daniel Calvo; Defendant: Athalie Calvo
Jurisdiction
Australia
Judgment Date
01 March 2019
Procedural Posture
Equity Application for Summary Dismissal / Summary Dismissal Application
Outcome
Proceedings dismissed with indemnity costs (from 24 September 2018)
Legal Topics
Summary Dismissal, Resulting Trust, Constructive Trust, Indemnity Costs, Family Property Dispute
Civil Procedure Equity Summary Dismissal Resulting Trust Constructive Trust Indemnity Costs Family Property Dispute

Case Brief

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Parties

Daniel Calvo

Plaintiff

Athalie Calvo

Defendant

Procedural Posture

Equity Application for Summary Dismissal / Summary Dismissal Application

Legal Issues

  1. 1 Whether the proceedings disclose any reasonable cause of action for a declaration of trust or equitable interest in the property
  2. 2 Whether the plaintiff has established an entitlement to relief based on express, resulting or constructive trust
  3. 3 Whether an order for indemnity costs is appropriate

Ratio Decidendi

The plaintiff's statement of claim and evidence do not disclose any reasonable cause of action for a declaration of trust or equitable interest in the property. The contributions relied on occurred before any alleged representations, which were themselves insufficient to amount to a binding intention. There is no basis for relief by way of express, resulting, or constructive trust. The proceedings are dismissed.

Court Disposition

Proceedings dismissed with indemnity costs (from 24 September 2018)

Orders

  • The proceedings are dismissed.
  • The plaintiff is to pay the defendant's costs of and incidental to the proceedings on the ordinary basis up to and including 23 September 2018, and thereafter on the indemnity basis.