Chen v Liu [2017] NSWSC 1767

Chen v Liu [2017] NSWSC 1767

The plaintiff and defendant held the apartment as tenants in common in the proportions of their respective contributions, 69.87% and 30.13%. Those proportions determined their share in the net proceeds of sale, after repayment of liabilities to the mortgagee. The resulting trust arose at purchase and was not affected by later dealings or repayments. Costs ordered against the defendant in favour of the plaintiff at 80%.

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Equity Proceedings / Post Sale Distribution of Proceeds, Costs Orders Pending
Outcome
Direct the plaintiff to bring in short minutes to give effect to the conclusions; orders as to costs made; distribution of sale proceeds as specified.
Legal Topics
['resulting Trusts' 'purchase Money Trusts' 'appointment of Trustees for Sale']
['equity' 'trusts'] ['resulting Trusts' 'purchase Money Trusts' 'appointment of Trustees for Sale']

Case Brief

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Procedural Posture

Equity Proceedings / Post Sale Distribution of Proceeds, Costs Orders Pending

Legal Issues

  1. 1 ['Whether the apartment was held by the parties on trust in proportion to their contributions' 'How the trust affects distribution of net sale proceeds' 'Entitlement to account for outgoings, occupation fee, and interest payments' 'Appropriate order for costs']

Ratio Decidendi

The plaintiff and defendant held the apartment as tenants in common in the proportions of their respective contributions, 69.87% and 30.13%. Those proportions determined their share in the net proceeds of sale, after repayment of liabilities to the mortgagee. The resulting trust arose at purchase and was not affected by later dealings or repayments. Costs ordered against the defendant in favour of the plaintiff at 80%.

Court Disposition

Direct the plaintiff to bring in short minutes to give effect to the conclusions; orders as to costs made; distribution of sale proceeds as specified.

Orders

  • ['Plaintiff to bring in short minutes of orders to give effect to reasons dated 18 December 2017.' 'Net sale proceeds to be distributed: plaintiff 69.87%, defendant 30.13%, less discharge of joint loan.' "Defendant to pay 80% of plaintiff's costs out of defendant's share of proceeds."]