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[2024] NSWSC 232
Supreme Court of NSW
2024-02-14
Pike J
Original judgment source is linked above.
Introduction
Approach to fact finding
General observations on witnesses
Witnesses not called
Failure to challenge witnesses
Factual Narrative
The general background leading up to the purchase of the Property
Ravina's evidence regarding the purchase of the Property
Marie and Ronnie's version regarding purchase of the Property
(In cross-examination, Ravina said that she had no recollection of such a discussion).
Evidence in relation to identifying the Property and building the house
Purchase of the Property and Ravina's financial position at the time
Ravina's version of the oral lease agreement
Moving in and events thereafter
Mortgage Payments
The period post construction until breakdown
The breakdown of the relationship
The request to vacate the Property
Ravina's Claim
Ronnie and Marie's Claim
Issues for Determination
(1) and (2) The nature of the Agreement
Conclusion on the nature of the Arrangement
(3) Value of the respective contributions
Mortgage Payments
Given the broad correlation between withdrawals and deposits, Ravina's lack of recollection, the absence of any records and my rejection of Ravina's reconstruction that the deposits were of Keno winnings, I accept that these were payments towards the mortgage on the Property. The broad correlation between withdrawals and deposits is quite inconsistent with Ravina's contention that she was supporting Ronnie during the period up to about 2018 when Ravina sought help from Ronnie. The balance in Ravina's account in the period prior to 2018, compared with the balance from 2018 onwards (referred to above) is also consistent with Ravina seeking and being provided with support in the period that Ronnie and Marie say they were providing it. 1. Category three consists of those payments where there is evidence of a withdrawal from the Zacron account, coupled with the affidavit evidence of Ronnie and Marie. The following payments fall into this category: 3 November 2014 $2,200 16 January 2015 $2,500 16 March 2015 $2,500 10 April 2015 $2,500 3 February 2016 $2,800 5 October 2016 $2,500 18 January 2017 $2,800 25 August 2017 $2,500 30 July 2019 $2,500 TOTAL $22,800
I accept that each of these payments were contributions to the mortgage payments on the Property. The withdrawals from the Zacron account support the evidence of Ronnie and Marie. Ravina admitted that payments were made in cash, and that she did not keep records. The fact these monies were not deposited into Ravina's personal account is not determinative. I find that the payments were made to Ravina towards the mortgage payments on the Property. The evidence also demonstrates that during the period prior to when Ravina admits she received mortgage support from Ronnie, the balance in Ravina's account was generally lower than when she was, on her own admission, receiving support, which tends to suggest that Ravina would similarly have been seeking mortgage support in this earlier period. 1. Category four consists of two payments - 19 March 2017 and 17 May 2018, each for $2,500 - where there is no support for the payments in the bank records. The only evidence in support of these payments is the affidavit evidence of Ronnie and Marie. Even allowing for the effluxion of time reducing the available records, I have difficulty in concluding that these were mortgage payments. There is nothing in the affidavit evidence or the other material as to how either Ronnie and/or Marie, some five years after the payments were allegedly made in cash, were able to recall the payments being made and their amounts. I do not allow these two payments.
The Driveway
Removal of soil
Landscaping
Other improvements
Water and other rates
Total Contributions by Ronnie and Marie
Total Contributions by Ravina
Other Matters
Ronnie and Marie's claim for equitable compensation
Costs
Orders
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 12 March 2024
Joudo
Joudo
(1987) 164 CLR 137
(1985) 160 CLR 583
(1995) 49 NSWLR 315