White v O'Neill [2010] NSWSC 1193

White v O'Neill [2010] NSWSC 1193

The plaintiff provided all funds used to acquire the Sara Jane Close and Gilbert Avenue, Gorokan properties, no funds in which the defendant had an interest or joint interest were used, and the plaintiff did not manifest an intention to confer beneficial ownership or a life interest on the defendant. Any illegality defence was not established because the alleged purpose of acquiring Gilbert Avenue to evade capital gains tax or conceal assets was not proved, no relevant statutory provision was identified, and any capital gains tax purpose relating to Gilbert Avenue had not been carried into effect. The defendant's contributions to the plaintiff's asset position were outweighed by the...

Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Equity Division Proceedings Concerning Beneficial Ownership of Real Property and Alternative Application for Adjustment of Property Interests Under the Property (relationships) Act 1984 / Principal Judgment After Hearing
Outcome
Plaintiff succeeded on her trust claim; defendant's cross-claim dismissed with costs.
Legal Topics
['resulting Trust' 'constructive Trust' 'beneficial Ownership of Land' 'adjustment of Property Interests' 'extension of Time Under Property (relationships) Act 1984 S 18(2)' 'illegality Defence' 'capital Gains Tax' 'centrelink Benefits']
['equity' 'trusts' 'property' 'de Facto Relationships' 'illegality'] ['resulting Trust' 'constructive Trust' 'beneficial Ownership of Land' 'adjustment of Property Interests' 'extension of Time Under Property (relationships) Act 1984 S 18(2)' 'illegality Defence' 'capital Gains Tax' 'centrelink Benefits']

Case Brief

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Procedural Posture

Equity Division Proceedings Concerning Beneficial Ownership of Real Property and Alternative Application for Adjustment of Property Interests Under the Property (relationships) Act 1984 / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant held the land in Folio Identifier 2/SP36223 at Gilbert Avenue, Gorokan on trust for the plaintiff despite being registered proprietor.' 'Whether the plaintiff contributed the whole purchase price and manifested any intention to confer beneficial ownership or a life interest on the defendant.' 'Whether equitable relief was barred by illegality arising from alleged evasion of capital gains tax or concealment of assets in relation to social security benefits.' 'Whether either party should receive an adjustment of property interests under Property (Relationships) Act 1984 s 20(1).' 'Whether extensions of time under Property (Relationships) Act 1984 s 18(2) were required and should be granted.']

Ratio Decidendi

The plaintiff provided all funds used to acquire the Sara Jane Close and Gilbert Avenue, Gorokan properties, no funds in which the defendant had an interest or joint interest were used, and the plaintiff did not manifest an intention to confer beneficial ownership or a life interest on the defendant. Any illegality defence was not established because the alleged purpose of acquiring Gilbert Avenue to evade capital gains tax or conceal assets was not proved, no relevant statutory provision was identified, and any capital gains tax purpose relating to Gilbert Avenue had not been carried into effect. The defendant's contributions to the plaintiff's asset position were outweighed by the...

Court Disposition

Plaintiff succeeded on her trust claim; defendant's cross-claim dismissed with costs.

Orders

  • ['Declare that the Defendant holds the property in Gilbert Avenue, Gorokan the land in Folio Identifier 2/SP36223 upon trust for the plaintiff.' 'Order that the Defendant forthwith create and deliver to the Plaintiff or her solicitors a transfer in registrable form of the land in Folio Identifier 2/SP36223 and take...