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Embattled Logan City Councillor Hajnal Black loses property claim

Logan City Councillor Hajnal Black has been dealt another blow after a Supreme Court judge ruled today against her claim to a property belonging to an elderly dementia patient at Greenbank.

Logan City Councillor Hajnal Black has been dealt another blow after a Supreme Court judge ruled today against her claim to a property belonging to an elderly dementia patient at Greenbank.

The shock came just hours after Cr Black controversially announced she would stand down from upcoming council elections.

Cr Black, 34, did not appear in the Supreme Court in Brisbane today as Justice David Boddice delivered his judgment, which followed a one-day civil hearing last month into whether her long-time mentor, "father figure" and a retired barrister had gifted her a house he owned at Greenbank, on Brisbane's southern outskirts.

Justice Boddice ruled against Cr Black's claim she held joint tenancy over the property with the elderly man.

The man was the registered proprietor of real property at Greenbank and on August 28 2009, he executed an instrument of transfer of his interest in the property to himself and Cr Black.

Cr Black alleged this transfer, which has never been registered, was executed by way of a gift, and that the Greenbank property is now held by the barrister beneficially for Cr Black and himself.

The Public Trustee of Queensland, as the barrister's litigation guardian, sought a determination, as a separate question, on whether the Greenbank property was held by the barrister on trust beneficially for him and Cr  Black as joint tenants.

"The issue for determination is not whether the elderly man had the requisite capacity to execute the instrument of transfer, or whether the barrister intended the transfer to be a gift to the first defendant," it said.

"For the purposes of the determination of the separate question, the Public Trustee accepts the barrister had the requisite capacity, and intended the transfer operate as a gift to the first defendant.

"The issue for determination is whether the barrister had taken all necessary steps to perfect the gift of the Greenbank property to the first defendant and himself as joint tenants," Justice Boddice said.

The separate question is answered as follows: "The plaintiff does not hold the Greenbank property on trust beneficially for ADF and the first defendant as joint tenants as ADF had not taken all necessary steps to effect the transfer of title to ADF and the first defendant as joint tenants."

Cr Black's inability to file legal documents on time meant her appeal of a Supreme Court decision last year, which found she'd mishandled millions belonging to the same elderly man, was invalid.

Last month, Cr Black was found guilty in the Beenleigh Magistrates Court of four counts of failing to declare items on a register of interest with Logan City Council.

She was fined $3500 for the breaches and ordered to pay $5000 in costs of court.

Original URL: https://www.couriermail.com.au/ipad/embattled--logan-city-councillor-hajnal-black-loses-property-claim--/news-story/6efdc4ddcb82be1c8d7c27b2695fffc7