Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. The essence of the dispute before the Court is whether the first defendant (Ms Wilkie), who is the plaintiff's mother, holds her one half share in a property located at Robert Street, Angus, being Lot X in Deposited Plan X (Property) on trust for the plaintiff.

2. By her amended statement of claim filed 4 April 2024, the plaintiff seeks a declaration that Ms Wilkie holds the plaintiff's one half share in the Property on trust for the plaintiff and an order pursuant to s 71(2)(i) of the Trustee Act 1925 (NSW) that the Property vest in the plaintiff for an estate in fee simple as tenants in common with the second defendant in equal shares.

3. For the reasons set out below, I am satisfied that relief should be granted.

Procedural history

4. These proceedings were commenced by summons filed 7 October 2022. As commenced, two defendants were named, Ms Wilkie and the other co-owner of the property who is the sister of the plaintiff, and other daughter of Ms Wilkie.

5. The second defendant filed a submitting appearance on 27 October 2022.

6. A solicitor filed a notice of appearance for Ms Wilkie on 23 November 2022.

7. A statement of claim was filed on 30 January 2023. A defence to that statement of claim was filed on behalf of Ms Wilkie on 14 April 2023. An affidavit sworn by Ms Wilkie was filed on or about that date.

8. An amended statement of claim was filed on 4 April 2024. It joined as third defendant the plaintiff's former solicitor in these proceedings who had also previously acted for various parties at the time of the transfer of the Property into the names of Ms Wilkie and the second defendant.

9. In July 2024, Ms Wilkie's solicitor filed a notice of intention of ceasing to act on behalf of Ms Wilkie and on 8 August 2024 a notice of ceasing to act was filed. Since then, Ms Wilkie has not taken any role in the proceedings. The plaintiff's solicitor has continued to send to the address stated in the notice of ceasing to act for Ms Wilkie, the orders and other documents in relation to the proceedings.

10. An application for default judgment against Ms Wilkie was dismissed by Williams J on 13 September 2024. Williams J also ordered that the defence of Ms Wilkie to the statement of claim stand as her defence to the amended statement of claim.

11. On 7 February 2025, I made orders that the plaintiff's claim against the third defendant be determined separately from and after the plaintiff's claim against Ms Wilkie. I listed the plaintiff's claim against Ms Wilkie for hearing before me to commence on 19 May 2025.

12. A copy of the orders notifying Ms Wilkie of the hearing were sent by the plaintiff's solicitor to the address for Ms Wilkie set out in the notice of ceasing to act.

13. At the commencement of the hearing on 19 May 2025, Ms Wilkie's name was called outside court and there was no appearance. I am satisfied, however, that she has been put on notice of the hearing date and could have attended to appear if she so wished.

14. Due to an illness of the plaintiff's counsel on 19 May 2025, I adjourned the hearing in the matter for one day, to today. The hearing has proceeded today, with Mr D C Price of counsel appearing for the plaintiff.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196f01aa2f328af2d035f46f)

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