Woo & Anor v Woo [2010] NSWSC 1216

Woo & Anor v Woo [2010] NSWSC 1216

The plaintiffs failed to prove the alleged conversations or intentions necessary to displace the defendant's registered title to the Earlwood property or to rebut the presumption of advancement arising from the first plaintiff's contribution. The later alleged statements and renovation expenditure did not establish a common intention constructive trust, proprietary estoppel, remedial constructive trust or other equitable interest because there was no proven representation, reliance, joint endeavour or agreement. Although the defendant had received about $50,000 of the second plaintiff's Campsie sale proceeds on trust and converted it to his own use, the second plaintiff with reasonable...

Jurisdiction
Australia
Judgment Date
22 October 2010
Procedural Posture
Equity Proceedings Concerning Claimed Constructive and Resulting Trusts, Proprietary Estoppel, Equitable Mortgage by Deposit of Title Deed, Breach of Trust and Loans / Principal Judgment After Hearing
Outcome
Judgment for the defendant with costs; proceedings dismissed.
Legal Topics
['constructive Trust' 'resulting Trust' 'presumption of Advancement' 'equitable Mortgage by Deposit of Title Deed' 'proprietary Estoppel' 'breach of Trust' 'acknowledgment or Confirmation Under Limitation Act 1969 S 54' 'extinguishment of Loan Debts']
['equity' 'trusts' 'property Law' 'limitation of Actions'] ['constructive Trust' 'resulting Trust' 'presumption of Advancement' 'equitable Mortgage by Deposit of Title Deed' 'proprietary Estoppel' 'breach of Trust' 'acknowledgment or Confirmation Under Limitation Act 1969 S 54' 'extinguishment of Loan Debts']

Case Brief

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Procedural Posture

Equity Proceedings Concerning Claimed Constructive and Resulting Trusts, Proprietary Estoppel, Equitable Mortgage by Deposit of Title Deed, Breach of Trust and Loans / Principal Judgment After Hearing

Legal Issues

  1. 1 ["Whether the first plaintiff's contribution to the purchase of the Earlwood property gave rise to a resulting trust or whether the presumption of advancement was rebutted." 'Whether alleged conversations from 1988 onwards established a common intention constructive trust, proprietary estoppel, life interest or beneficial half interest for the second plaintiff.' "Whether the defendant held and converted proceeds of sale of the second plaintiff's Campsie property on trust and whether that claim was statute-barred." "Whether statements in the defendant's affidavit were an acknowledgment or confirmation under Limitation Act 1969 s 54." 'Whether the second plaintiff held an equitable mortgage over the Earlwood property by deposit of the certificate of title.' 'Whether loans allegedly made by the second plaintiff remained enforceable or had been extinguished by limitation.' 'Whether expenditure on renovations to the Earlwood property justified a remedial constructive trust or other equitable relief.']

Ratio Decidendi

The plaintiffs failed to prove the alleged conversations or intentions necessary to displace the defendant's registered title to the Earlwood property or to rebut the presumption of advancement arising from the first plaintiff's contribution. The later alleged statements and renovation expenditure did not establish a common intention constructive trust, proprietary estoppel, remedial constructive trust or other equitable interest because there was no proven representation, reliance, joint endeavour or agreement. Although the defendant had received about $50,000 of the second plaintiff's Campsie sale proceeds on trust and converted it to his own use, the second plaintiff with reasonable...

Court Disposition

Judgment for the defendant with costs; proceedings dismissed.

Orders

  • ['I give judgment for the defendant with costs.']