Ryan v Ryan

[2012] NSWSC 636

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. PRACTICE AND PROCEDURE - application for payment out of moneys presently held in Court in order to find legal expenses of criminal appeal proceedings and forfeiture proceedings - principles applicable on such an application where fund in Court represents moneys over which estate claims a resulting or constructive trust - HELD - order for access to part of the funds subject to provision of satisfactory costs estimates to be applied in priority to criminal appeal proceedings
1. EQUITY - resulting trusts - property held in joint title - unequal contributions to purchase price - applicant was jointly liable with deceased on mortgage agreement - OBITER - estate has seriously arguable claim for presumed resulting trust
1. EQUITY - presumption of advancement - the parties were in a de facto relationship at the time that the property was acquired - whether presumption applicable - OBITER - as stands on authority at present cannot assume that a presumption of advancement applies where parties were in a de facto relationship
1. FORFEITURE RULE - Forfeiture Act 1995 - property held in joint title by deceased and applicant - operation of right of survivorship - OBITER - estate has seriously arguable claim that applicant holds deceased's half interest on constructive trust for the deceased's estate due to forfeiture rule