Maria Coppola v New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda (No 2) [2019] NSWSC 948

Maria Coppola v New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda (No 2) [2019] NSWSC 948

Maria Coppola failed to establish, on the evidence, that any promises, representations, or conduct by Carmelo Buda or the Deceased induced her to act to her detriment such as to give rise to proprietary estoppel or a trust; the evidence advanced by Maria and her supporting witnesses was unreliable. Accordingly, her claim for a declaration of trust or estoppel fails and the proceedings are to be dismissed.

Parties
Plaintiff: Maria Coppola; First Defendant: New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda; Second Defendant: Carmelo Buda by his Tutor New South Wales Trustee and Guardian
Jurisdiction
Australia
Judgment Date
31 July 2019
Procedural Posture
Equity / Principal Judgment – Final Hearing
Outcome
Proceedings dismissed
Legal Topics
Proprietary Estoppel, Declaration of Trust, Family Provision
Succession Equity Proprietary Estoppel Declaration of Trust Family Provision

Case Brief

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Parties

Maria Coppola

Plaintiff

New South Wales Trustee and Guardian as Administrator of the Estate of the Late Giuseppina Buda

First Defendant

Carmelo Buda by his Tutor New South Wales Trustee and Guardian

Second Defendant

Procedural Posture

Equity / Principal Judgment – Final Hearing

Legal Issues

  1. 1 Whether the Deceased's half share in the Stanmore Property is held on trust for the plaintiff by the first defendant or the second defendant
  2. 2 Whether the plaintiff should be registered as tenant-in-common of the Stanmore Property with the second defendant in equal shares
  3. 3 Whether proprietary estoppel arises by encouragement

Ratio Decidendi

Maria Coppola failed to establish, on the evidence, that any promises, representations, or conduct by Carmelo Buda or the Deceased induced her to act to her detriment such as to give rise to proprietary estoppel or a trust; the evidence advanced by Maria and her supporting witnesses was unreliable. Accordingly, her claim for a declaration of trust or estoppel fails and the proceedings are to be dismissed.

Court Disposition

Proceedings dismissed

Orders

  • Plaintiff to pay the defendants' costs of the proceedings.