Little v Saunders [2004] NSWSC 655

Little v Saunders [2004] NSWSC 655

The evidence, including the conveyancing documents, the explanation of joint tenancy, and statements by Ms Benson, established that at the time of purchase she intended the property to pass automatically to Mr Saunders if she died. That intention rebutted any presumption of resulting trust and also defeated the constructive trust claim because the defendant's enjoyment of the property was specifically intended or provided for. The purported offer of compromise gave up no entitlement and the Calderbank offer was uncertain because it required a deed of settlement with unspecified terms, so indemnity costs were not justified.

Jurisdiction
Australia
Judgment Date
16 July 2004
Procedural Posture
Equity Claim by Executors Seeking to Establish a Trust Over Real Property and Related Costs Application / Final Hearing; Ex Tempore Judgment
Outcome
Action dismissed; indemnity costs application dismissed; defendant awarded ordinary costs; plaintiffs ordered to withdraw caveat number 9157105; liberty granted for defendant to seek enforcement of the undertaking as to damages.
Legal Topics
['resulting Trust' 'constructive Trust' 'joint Tenancy' 'de Facto Relationship Property Contributions' 'indemnity Costs' 'offer of Compromise' 'calderbank Letter' 'caveat Withdrawal']
['equity' 'trusts' 'property Law' 'civil Procedure'] ['resulting Trust' 'constructive Trust' 'joint Tenancy' 'de Facto Relationship Property Contributions' 'indemnity Costs' 'offer of Compromise' 'calderbank Letter' 'caveat Withdrawal']

Case Brief

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Procedural Posture

Equity Claim by Executors Seeking to Establish a Trust Over Real Property and Related Costs Application / Final Hearing; Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether an express trust existed in favour of the plaintiffs as executors in proportion to Susan Kathleen Benson's contribution to the purchase price." 'Whether the presumption of resulting trust arising from unequal contributions to jointly held property was rebutted.' "Whether a constructive trust arose because it would be unconscionable for the defendant to retain the benefit of the deceased's larger contribution." 'Whether the defendant was entitled to indemnity costs on the basis of an offer of compromise or a Calderbank letter.' 'Whether the plaintiffs should withdraw the caveat.']

Ratio Decidendi

The evidence, including the conveyancing documents, the explanation of joint tenancy, and statements by Ms Benson, established that at the time of purchase she intended the property to pass automatically to Mr Saunders if she died. That intention rebutted any presumption of resulting trust and also defeated the constructive trust claim because the defendant's enjoyment of the property was specifically intended or provided for. The purported offer of compromise gave up no entitlement and the Calderbank offer was uncertain because it required a deed of settlement with unspecified terms, so indemnity costs were not justified.

Court Disposition

Action dismissed; indemnity costs application dismissed; defendant awarded ordinary costs; plaintiffs ordered to withdraw caveat number 9157105; liberty granted for defendant to seek enforcement of the undertaking as to damages.

Orders

  • ['The action is dismissed.' 'The application for indemnity costs is dismissed.' 'The plaintiffs are to pay the costs of the defendant of the proceedings.' 'Pursuant to section 74MA Real Property Act 1900, the plaintiffs are to withdraw caveat number 9157105.' "The dismissal is without prejudice to the defendant's...