Barnes v Alderton [2008] NSWSC 107

This is a dispute between sister and brother over a property at Umina, NSW. There is no doubt that in about June 1953, the defendant and the parties’ late father became registered as proprietors as joint tenants of No 8 Gross Avenue, Umina, the property in question in this case. They purchased it with the assistance of the Gosford and District Co-operative Building Society which took a mortgage. The defendant says that at the time of the purchase he was 21, and his sister, the plaintiff, 15. He says that because his father was working on the central coast and his mother in Sydney, the family was divided and they were looking for a house in which they could all reside. However, the only family members who looked at the Property before it was purchased, were his father and himself. The defendant’s memory is that he and his father borrowed £2,200 from the Building Society, and paid the balance and associated costs from a joint savings account that they had with the Commercial Bank of Australia. Later in 1953 the parties’ mother and the plaintiff joined the men at Umina… Read about this case: Court Website Austlii Jade The following cases cited this lawsuit:

  2. Evans v Braddock [2015] NSWSC 249
  3. Construction Technologies Australia Pty Ltd v Doueihi & 4 Ors [2014] NSWSC 1717
  4. Lincu v Krnjulac [2014] NSWSC 532
  5. FAZIO -v- FAZIO [2012] WASCA 72
  6. Walsh v Walsh [2012] NSWCA 57
  7. Hammond v Hammond [2012] NSWSC 73
  8. Hobsons Bay City Council v Gibbon & Ors [2011] VSC 140; 32 VR 168
  9. DELAFORCE v SIMPSON-COOK [2010] NSWCA 84; [2010] 78 NSWLR 483
  10. Varma v Varma [2010] NSWSC 786
  11. Stern v Sekers; Sekers v Sekers [2010] NSWSC 59
  12. Dable v Peisley [2009] NSWSC 772
  13. Ciavarella v Polimeni [2008] NSWSC 234
  14. Weeks v Hrubala [2008] NSWSC 162

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