Australia, May 14 -- New South Wales Land and Environment Court issued text of the following judgement:

1. These reasons deal with costs and an ancillary issue following my decision in Harper v Harper [2024] NSWSC 1540 (Judgment) concerning a transfer of vacant land at Port Macquarie (the Land) from the plaintiff, Brenda Harper, to her son, Troy Harper and his wife Donna Harper (the defendants).

2. For the reasons given in the Judgment, I concluded that (1) the plaintiff failed to establish that she was entitled to an equitable lien for the balance of the purchase price of $407,200 for the sale of the Land based, as pleaded, on an oral agreement for the sale of the Land for a purchase price of $540,000 reached at the end of September 2022 (the Agreement): Judgment at [115]-[121]; (2) the plaintiff failed to establish that the defendants had made to the plaintiff the false representation as pleaded, being that the terms of the contract which she signed on 23 October 2022 reflected the terms of the Agreement: Judgment at [141]-[146]; (3) while an oral agreement for the sale of the Land was reached by the parties in a conversation on 14 October 2022, it was on the terms set out in the Judgment at [79], and that agreement fell within the third category in Masters v Cameron (1954) 91 CLR 353 at 360: Judgment at [118]-[121]; (4) the contract signed by the plaintiff on 23 October 2022 did not reflect the terms of that oral agreement and both it, and the subsequent transfer of the Land to the defendants, were vitiated by unconscionable conduct or alternatively undue influence on the part of the defendants and the appropriate relief was that the contract and transfer should be set aside, and a receiver be appointed to sell the Land: Judgment at [170]-[174], [184], [188]; (5) the defendants' cross-claim did not arise and should be dismissed: Judgment at [186].

3. On 12 December 2024, the court made the following orders to deal with the substantive issues in dispute:

(1) Declares that the contract for the sale of the property situated at 14 Florence Close Port Macquarie NSW 2444 (Folio 36/1137169) (Property) from the plaintiff to the first and second defendants dated 21 October 2022 (Contract for Sale) is voidable.

(2) Orders that the Contract for Sale be set aside.

(3) Orders that the registered transfer AS594875 dated 31 October 2022 with respect to the Property be set aside.

(4) Orders pursuant to section 138 of the Real Property Act 1900 (NSW) that the Registrar General amend Folio 36/1137169 so that the registered proprietor is recorded as "Brenda Muriel Harper."

(5) Orders that the Cross-Claim dated 2 April 2024 be dismissed.

(6) Orders, pursuant to the Court's inherent jurisdiction and section 67 of the Supreme Court Act 1970 (NSW), that Mr Christopher Darin be appointed as a receiver for the purpose of selling and disbursing the proceeds of the Property.

(7) Orders, pursuant to rule 26.7 of the Uniform Civil Procedure Rules 2005 that Mr Darin be authorised to:

a. collect, enter into possession and receive the Property;

b. manage the Property and discharge all expenses properly incurred in respect of the management of the Property;

c. sell the Property in the name of the plaintiff and undertake all other necessary steps to secure the sale of the Property.

(8) Orders that the first and second defendants give vacant possession of the Property to the receiver within 7 days of the date of these orders.

(9) Orders that the requirement for the receiver to file accounts pursuant to rule 26.5 of the Uniform Civil Procedure Rules 2005 be dispensed with.

*Rest of the document can be viewed at: (http://caselaw.nsw.gov.au/decision/19637465946c9fa7c069fb4f)

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