Daniel Terry Behman v Tarek Behman (also known as Terry Behman) [2015] NSWSC 1787

Daniel Terry Behman v Tarek Behman (also known as Terry Behman) [2015] NSWSC 1787

The Court found that while early contributions by Daniel as a minor did not give rise to an interest, substantial financial contributions as an adult, used by Terry to pay or enable payment of the mortgage, coupled with Terry's statements recognising a family interest, made it unconscionable for Terry to deny Daniel a corresponding equitable interest. However, a declaration of one fifth interest was not made due to practical issues; instead, the Court ordered that the property be subject to a charge in favour of Daniel for $120,000 as a fair reflection of his contributions.

Parties
Plaintiff: Daniel Terry Behman; Defendant: Tarek Behman (also known as Terry Behman)
Jurisdiction
Australia
Judgment Date
23 October 2015
Procedural Posture
Equity Principal Judgment / Judgment After Hearing
Outcome
Property at 46 Oliver Street, Bexley North to stand charged with repayment of $120,000 in favour of Daniel Terry Behman.
Legal Topics
Constructive Trust, Beneficial Interest in Property, Proprietary Estoppel, Unconscionable Conduct
Equity Constructive Trust Beneficial Interest in Property Proprietary Estoppel Unconscionable Conduct

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Parties

Daniel Terry Behman

Plaintiff

Tarek Behman (also known as Terry Behman)

Defendant

Procedural Posture

Equity Principal Judgment / Judgment After Hearing

Legal Issues

  1. 1 Whether the plaintiff, Daniel Terry Behman, has a beneficial interest in 46 Oliver Street, Bexley North, pursuant to a constructive trust or proprietary estoppel arising from extensive financial contributions and representations made by the defendant father.

Ratio Decidendi

The Court found that while early contributions by Daniel as a minor did not give rise to an interest, substantial financial contributions as an adult, used by Terry to pay or enable payment of the mortgage, coupled with Terry's statements recognising a family interest, made it unconscionable for Terry to deny Daniel a corresponding equitable interest. However, a declaration of one fifth interest was not made due to practical issues; instead, the Court ordered that the property be subject to a charge in favour of Daniel for $120,000 as a fair reflection of his contributions.

Court Disposition

Property at 46 Oliver Street, Bexley North to stand charged with repayment of $120,000 in favour of Daniel Terry Behman.

Orders

  • The property is charged with repayment of $120,000 to Daniel Terry Behman. Precise form of orders to be addressed after hearing from counsel. Costs reserved.