Pulham v Delaney [2008] NSWSC 1231

Pulham v Delaney [2008] NSWSC 1231

Ruth Roberts gave no value for the transferred one half share, no presumption of advancement applied to her as John Palmer's de facto wife in 1964, and the evidence did not show an intention to make a gift; rather, her statement that the house belonged to John Palmer supported the resulting trust. Accordingly John Palmer was beneficial owner of the whole property at his death, and the plaintiff was entitled to the declarations sought.

Jurisdiction
Australia
Judgment Date
20 November 2008
Procedural Posture
Summons for Declarations Concerning Entitlement to Property / Ex Parte Hearing
Outcome
Declarations made that the plaintiff is entitled to the whole of the property.
Legal Topics
['resulting Trusts' 'presumption of Advancement' 'de Facto Spouse' 'declaration Against Interest' 'beneficial Ownership of Land']
['equity' 'trusts' 'property'] ['resulting Trusts' 'presumption of Advancement' 'de Facto Spouse' 'declaration Against Interest' 'beneficial Ownership of Land']

Case Brief

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Procedural Posture

Summons for Declarations Concerning Entitlement to Property / Ex Parte Hearing

Legal Issues

  1. 1 ['Whether Ruth Roberts held a transferred one half share of the Tuncurry property on resulting trust for John Palmer.' 'Whether any presumption of advancement or evidence of intention of gift rebutted the resulting trust.' 'Whether the plaintiff was entitled to declarations that she be registered as owner of the whole property.']

Ratio Decidendi

Ruth Roberts gave no value for the transferred one half share, no presumption of advancement applied to her as John Palmer's de facto wife in 1964, and the evidence did not show an intention to make a gift; rather, her statement that the house belonged to John Palmer supported the resulting trust. Accordingly John Palmer was beneficial owner of the whole property at his death, and the plaintiff was entitled to the declarations sought.

Court Disposition

Declarations made that the plaintiff is entitled to the whole of the property.

Orders

  • ['The plaintiff is entitled to the declarations sought.' 'The plaintiff is entitled to have registered in her name the whole of the land in Certificate of Title Volume 9258 Folio 189.']