William Todd & Another v Adam Todd & Another, Adam Todd & Another v Eddie Temurcuoglu OBO Office of the Sheriff of New South Wales & 3 Others [2006] NSWSC 864

William Todd & Another v Adam Todd & Another, Adam Todd & Another v Eddie Temurcuoglu OBO Office of the Sheriff of New South Wales & 3 Others [2006] NSWSC 864

No lease or residential tenancy agreement existed; parties' arrangement did not amount to an enforceable contract for sale/deed of trust or conveyance; after mutual withdrawal from the arrangement, plaintiffs as registered proprietors were entitled to possession; defendants' occupation thereafter was unlawful, entitling plaintiffs to possession and damages.

Jurisdiction
Australia
Judgment Date
31 August 2006
Procedural Posture
Civil / Final Judgment at First Instance
Outcome
Judgment for plaintiffs for possession and damages; cross-claims dismissed; certain costs orders as specified.
Legal Topics
['possession of Land' 'family Arrangements' 'oral Agreements' 'tenancy and Lease' 'estoppel' 'damages' 'trusts' 'cross Claims']
['property Law' 'contract Law' 'equity' 'civil Procedure'] ['possession of Land' 'family Arrangements' 'oral Agreements' 'tenancy and Lease' 'estoppel' 'damages' 'trusts' 'cross Claims']

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Procedural Posture

Civil / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether there was a lease or tenancy between the parties;' "Whether the Consumer Trader and Tenancy Tribunal's finding estopped the plaintiffs from asserting a tenancy;" 'Whether plaintiffs had a right to possession of the property;' 'Whether an agreement existed for purchase or trust in favour of the defendants;' 'Whether damages are payable for unlawful occupation and/or trespass;' 'Whether cross-claimants were entitled to conveyance or damages;']

Ratio Decidendi

No lease or residential tenancy agreement existed; parties' arrangement did not amount to an enforceable contract for sale/deed of trust or conveyance; after mutual withdrawal from the arrangement, plaintiffs as registered proprietors were entitled to possession; defendants' occupation thereafter was unlawful, entitling plaintiffs to possession and damages.

Court Disposition

Judgment for plaintiffs for possession and damages; cross-claims dismissed; certain costs orders as specified.

Orders

  • ['Plaintiffs granted judgment for possession and leave to issue a writ of possession.' 'Defendants to pay damages for unlawful possession from 2 September 2004; assessment referred to an Associate Judge.' "Defendants to pay plaintiffs' costs." 'First cross-claim dismissed with costs to cross-defendants.' 'Second...