Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 944

Lawrence v Gunner; Gunner v Lawrence [2015] NSWSC 944

The Court found no credible evidence of oral partnership or joint venture agreements between Mr Lawrence and Mr Gunner and rejected the claim for entitlement to property, occupation rights, constructive trust, and quantum meruit. The plaintiffs’ case was not made out, and conduct and credibility issues further undermined claims. Mrs Gunner is entitled to possession of 134 Clontarf Street and to account from Mr and Mrs Lawrence for profit obtained from Beecroft sale in breach of fiduciary duty. Orders for possession and termination require further submissions due to jurisdictional questions under the Residential Tenancies Act.

Parties
First Plaintiff/first Cross Defendant: Wayne Lawrence; Second Plaintiff/second Cross Defendant: Valerie Lawrence; Defendant/cross Claimant: Frances Gunner
Jurisdiction
Australia
Judgment Date
16 July 2015
Procedural Posture
Principal Judgment / Final Judgment After Hearing
Outcome
Plaintiffs' claim dismissed; cross-claimant entitled to declaration of entitlement to possession of 134 Clontarf Street and to profit from Beecroft sale; all other cross-claims dismissed; parties to make submissions on Court's power to terminate residential tenancy and order for possession; notice of motion of 2...
Legal Topics
Oral Partnership or Joint Venture, Residential Tenancy Agreement, Breach of Fiduciary Duty, Quantum Meruit, Constructive Trust, Estoppel, Termination of Tenancy, Fiduciary Duties and Conflicts
Contract Landlord and Tenant Equity Oral Partnership or Joint Venture Residential Tenancy Agreement Breach of Fiduciary Duty Quantum Meruit Constructive Trust +3 more

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Parties

Wayne Lawrence

First Plaintiff/first Cross Defendant

Valerie Lawrence

Second Plaintiff/second Cross Defendant

Frances Gunner

Defendant/cross Claimant

Procedural Posture

Principal Judgment / Final Judgment After Hearing

Legal Issues

  1. 1 Whether oral partnership or joint venture agreements existed between Mr Lawrence and Mr Gunner for property developments
  2. 2 Whether such partnership survived Mr Gunner's death
  3. 3 Whether Mr and Mrs Lawrence entitled to occupy 134 Clontarf Street indefinitely

Ratio Decidendi

The Court found no credible evidence of oral partnership or joint venture agreements between Mr Lawrence and Mr Gunner and rejected the claim for entitlement to property, occupation rights, constructive trust, and quantum meruit. The plaintiffs’ case was not made out, and conduct and credibility issues further undermined claims. Mrs Gunner is entitled to possession of 134 Clontarf Street and to account from Mr and Mrs Lawrence for profit obtained from Beecroft sale in breach of fiduciary duty. Orders for possession and termination require further submissions due to jurisdictional questions under the Residential Tenancies Act.

Court Disposition

Plaintiffs' claim dismissed; cross-claimant entitled to declaration of entitlement to possession of 134 Clontarf Street and to profit from Beecroft sale; all other cross-claims dismissed; parties to make submissions on Court's power to terminate residential tenancy and order for possession; notice of motion of 2...

Orders

  • Plaintiffs' claim dismissed.
  • Cross-claimant entitled to declaration of entitlement to possession of Clontarf Street property.