Burton v Prior [2019] NSWSC 518

Burton v Prior [2019] NSWSC 518

The property is held on a resulting trust in favour of John Prior and Marea Burton, in the proportions of their contributions to the purchase price: 84.03% to John Prior and 15.97% to Marea Burton. Plaintiff, Marea Burton, is entitled to occupation rent, subject to further determination of quantum. No adjustment is warranted under the Property (Relationships) Act 1984 (NSW) as a domestic relationship was not proven beyond a few weeks after the birth of Isabel, and there is no basis for constructive trust or equitable estoppel.

Parties
Plaintiff: Marea Therese Burton; Defendant: John David Prior
Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Principal Judgment / Trial
Outcome
Property held on resulting trust in proportion to contributions; Plaintiff entitled to occupation rent; Orders for appointment of trustees for sale under s 66G Conveyancing Act 1919 (NSW).
Legal Topics
Resulting Trusts, Purchase Money Trusts, Family and Domestic Relationships, Adjustment of Property Interests, Property (relationships) Act 1984 (nsw)
Equity Family Law Resulting Trusts Purchase Money Trusts Family and Domestic Relationships Adjustment of Property Interests Property (relationships) Act 1984 (nsw)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 29 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Marea Therese Burton

Plaintiff

John David Prior

Defendant

Procedural Posture

Principal Judgment / Trial

Legal Issues

  1. 1 Whether a resulting trust arises in respect of the Property and if so, in what proportions
  2. 2 Whether interests should be adjusted under the Property (Relationships) Act 1984 (NSW)
  3. 3 Whether Marea Burton is entitled to occupation rent

Ratio Decidendi

The property is held on a resulting trust in favour of John Prior and Marea Burton, in the proportions of their contributions to the purchase price: 84.03% to John Prior and 15.97% to Marea Burton. Plaintiff, Marea Burton, is entitled to occupation rent, subject to further determination of quantum. No adjustment is warranted under the Property (Relationships) Act 1984 (NSW) as a domestic relationship was not proven beyond a few weeks after the birth of Isabel, and there is no basis for constructive trust or equitable estoppel.

Court Disposition

Property held on resulting trust in proportion to contributions; Plaintiff entitled to occupation rent; Orders for appointment of trustees for sale under s 66G Conveyancing Act 1919 (NSW).

Orders

  • Appointment of trustees for sale of the Property under s 66G Conveyancing Act 1919 (NSW) unless otherwise agreed.
  • Proceeds of sale to be divided between John Prior and Marea Burton in the proportions of 84.03% (John) and 15.97% (Marea) after payment of encumbrances and agreed accounts.