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ARTICLE · 11 SEPTEMBER 2020

Claiming an equitable interest in the property

Our clients successfully claimed an equitable interest in the property and sought that it should be transferred to them.

AustraliaReal Estate and Construction

Claiming an equitable interest in the property

Our clients denied that the father was entitled to judgment on the basis of an oral agreement they reached with the father in 1996 that the property would be transferred to them in exchange for them caring for the father and renovating and maintaining the property.

The father denied ever entering into any agreement to transfer the property to our clients and argued that he was simply offering them free accommodation whilst they saved for a home of their own. The father claimed that the property was in a habitable living condition in 1996, and did not require renovations. He also claimed that any repairs or renovations that had been undertaken from 1996 were at his own expense. The father also denied the existence of an agreement made in 1996, whereby he agreed to be cared for by our clients.

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