Debay v Croft [2006] QDC 363

1 [2006] QDC 363 DISTRICT COURT CIVIL JURISDICTION JUDGE MCGILL SC No D 117 of 2006 RAPHAEL DEBAY Plaintiff and GARTH CROFT Defendant BRISBANE ..DATE 29/09/2006 JUDGMENT -- 1 of 2 -- 2 JUDGMENT HIS HONOUR: I declare that the plaintiff holds her legal interest as tenant in common in the land described as Lot 312 on Registered Plan 620949 County of Flinders Parish of Uxbridge upon trust to repay to the defendant half the cost of acquisition of the land; namely, $15,263.75 together with interest at six per cent per annum from the 27th of October 1999 and until the date of payment, and to reimburse him for half the amount paid in rates on the land in August 2001, August 2003 and subsequent years, in each case together with six per cent interest from the date of payment until the date of repayment, and as to the residue for herself beneficially. I publish my reasons. It occurs to me that that was not specifically the relief sought by either side so I wanted to hear further submissions in relation to the question of costs. ... HIS HONOUR: If you get to the point where it is agreed what the costs order should be, you can just both let my associate know and I will make the appropriate order. ----- -- 2 of 2 --