Merle Gwynneth Grant v Alan Grant

Judgment 1The plaintiff, Merle Gwynneth Grant, and the defendant, Alan Grant, are an elderly married couple. Mrs Grant seeks orders to give effect to a settlement agreement reached in mediation. 2Dr Grant brought proceedings against the NSW Registrar General of Lands and Mrs Grant in the Equity Division of this court seeking an injunction restraining the Registrar General from registering any transfer severing joint tenancy on the application of Mrs Grant in respect to three properties. He sought a declaration that Mrs Grant held a portion of her undivided share in the joint tenancy in the properties on trust for him in a percentage to be determined by the court, and a declaration that Mrs Grant held two other properties on trust for him in a percentage to be determined by the court. 3In the alternative, Dr Grant sought orders that the properties be subject to orders under the Family Law Act 1975 (Cth), s 78 and s 79. 4The former section empowers the court to declare the title or rights of the parties to a marriage in property in proceedings between them. The latter section, so far as is relevant, provides as follows: "(1) In property settlement proceedings, the court may make such order as it considers appropriate: (a) in the case of proceedings with respect to the property of the parties to the marriage or either of them - altering the interests of the parties to the marriage in the property." 5Dr Grant commenced further proceedings in the Equity Division of this court seeking the extension of caveats over the two properties in Mrs Grant's name, declarations that he was the beneficial owner as joint tenant with Mrs Grant in the two properties or, alternatively, that Mrs Grant held on resulting or constructive trust for him the two properties to an extent to be determined by the court. Alternatively, Dr Grant sought a declaration that he was entitled to, and held, an equitable charge over the two properties to an extent to be determined by the court. 6A mediation took place before a court appointed Registrar. Both parties had legal representation. A settlement agreement was negotiated and signed on behalf of the parties by their legal representatives. It was in the following terms: "Heads of Agreement No: 2011/165201 2011/183568 Alan Grant v Merle Gwynneth Grant (Dr Grant) (Mrs Grant) The parties agree to compromise this dispute and settle their entitlements to the matrimonial property on a full and final basis in the following manner: