Clarke v Croucher [2015] NSWSC 230

The plaintiff failed to establish any agreement or assurance that would give rise to a constructive trust or proprietary interest; his payments were board, not mortgage payments; and there is no warrant for making a family provision order for a divorced, former son-in-law. The claim was dismissed and the plaintiff was ordered to pay the defendants' costs from 1 September 2014, having rejected a Calderbank settlement offer.

Jurisdiction: Australia
Judgment Date: 13 March 2015
Procedural Posture: Principal Judgment / Final Judgment
Outcome: Statement of claim dismissed
Legal Topics: ['family Provision' 'constructive Trust' 'costs' 'estoppel']

['succession' 'equity'] ['family Provision' 'constructive Trust' 'costs' 'estoppel']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

1 ['Whether the plaintiff is entitled to a family provision order as a former son-in-law of the deceased' 'Whether there was an agreement or constructive trust entitling the plaintiff to a proprietary interest in the property' 'Appropriate order as to costs in a family provision claim']

Ratio Decidendi

Court Disposition

Statement of claim dismissed

Orders

['Statement of claim dismissed' "Plaintiff to pay the defendants' costs incurred on and after 1 September 2014 on the ordinary basis"]