Simonian v Simonian [2000] NSWSC 497

Simonian v Simonian [2000] NSWSC 497

There was, on the facts, a binding arrangement between the plaintiff and his father that the plaintiff would permit his step-mother to reside in the home unit for her lifetime, and the plaintiff holds the property on trust for that purpose. To deny the arrangement would be unconscionable; equity will enforce the trust despite the absence of writing.

Parties
Plaintiff: Noubar Simonian; Defendant: Shashikala Simonian
Jurisdiction
Australia
Judgment Date
07 June 2000
Procedural Posture
Possession / Trust / Final Judgment
Outcome
Application dismissed. Declaration made of life interest. Costs to plaintiff.
Legal Topics
Possession, Constructive Trust, Right of Residence, Testamentary Trust
Equity Property Law Possession Constructive Trust Right of Residence Testamentary Trust

Case Brief

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Parties

Noubar Simonian

Plaintiff

Shashikala Simonian

Defendant

Procedural Posture

Possession / Trust / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff holds the property on trust to permit the defendant to reside for life
  2. 2 Whether an enforceable trust or agreement exists affecting legal title
  3. 3 Whether oral or informal promises override statutory requirements under the Conveyancing Act

Ratio Decidendi

There was, on the facts, a binding arrangement between the plaintiff and his father that the plaintiff would permit his step-mother to reside in the home unit for her lifetime, and the plaintiff holds the property on trust for that purpose. To deny the arrangement would be unconscionable; equity will enforce the trust despite the absence of writing.

Court Disposition

Application dismissed. Declaration made of life interest. Costs to plaintiff.

Orders

  • Application for possession dismissed
  • Declaration that plaintiff holds 2/31 Ness Avenue, Dulwich Hill on trust to permit Shashikala Simonian to reside for life, subject to cessation if absent for six months