LJ Hooker real estate agent Lachlan Taylor defends claims over Constitution Hill house
A western Sydney real estate agent is locked in a court battle with his older brother who alleges he is owed almost $300,000 from mortgage repayments and improvements of a house they shared.
NSW
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A western Sydney real estate agent is locked in a legal battle with his older brother who claims he is owed about $280,000 from mortgage repayments and improvements to a house they lived in at Constitution Hill.
In a civil case before NSW Supreme Court, Andrew John Taylor argues his brother and LJ Hooker Greystanes sales executive Lachlan James Taylor breached his trust and should repay him half or all the payments since January 2019 when they had a falling out and Andrew left the home.
The statement of claim, filed in December 2020, alleges the siblings agreed the month after Lachlan picked the house in October 2014 that they would each put half into paying off the $685,000 property — a claim Lachlan denies.
Lachlan is registered as the sole proprietor and denies a written or verbal agreement was entered with his now-estranged brother in 2014 about joint ownership.
In court documents, Lachlan denies stating that if Andrew paid half towards the property’s acquisition, improvements and maintenance, repayments and interest of loans with Westpac, and later with Macquarie Bank, he would hold an equal ownership in the property.
The brothers lived together in the house, which RP Data now says is worth $1.06m, for just more than four years.
Lachlan, 35, denies there was a “joint venture” that improved the value of the property nor that his 37-year-old brother should be compensated.
Lachlan agrees the loan was only under his name but denies he had instructed the conveyancers and the bank to register the title certificate and loan in his name alone to protect the parties’ joint enterprise in the property from any risk that could arise from Andrew’s businesses.
He also denied he and Andrew agreed he would correct the title certificate to reflect joint ownership when Andrew requested it.
Lachlan claims his older brother paid a fee to occupy a room in the house as a tenant.
Until January 2019, several improvements were made to the property including an outdoor entertainment area, pool deck, garage, refurbishment of two bathrooms, and the installation of a security system and a fireplace.
But Lachlan claims he only funded improvements himself and denied his brother “used his personal labour and exertion to improve and maintain the property” as listed in the statement of claim.
The court documents allege “third persons” occupied spare rooms at the property “from time to time” and those people put money towards groceries and upgrades, therefore reducing the amount the brothers had to share on those expenses.
When the brothers had a falling out in January 2019, Andrew left but Lachlan denies they agreed to each move out and list the house for sale.
Documents state Andrew stopped making mortgage repayments.
Lachlan has refused to sell the house and denies Andrew’s ownership interest in the property.
He denies Andrew should be repaid half the mortgage and other costs such as rates since January 2019.
Lachlan denies treating his brother like he was the property’s equal owner when they lived together.
The statement of claim says “in the circumstances, it would be unconscionable for (Lachlan) to deny (Andrew’s) beneficial ownership in one half of the property”.
“(Lachlan’s) legal ownership of the property connected with the joint endeavour is disproportionate having regard to the contributions made by the (brothers), such that it would be unconscionable for (Lachlan) to continue to insist on maintaining he is the sole legal and beneficial owner of the property,” it read.
The claim says Andrew “suffered loss as a result of those breaches (of trust) in theform of loss of use of the property since January 2019and any benefits that would have been received
from it during the period from January 2019”.
“(Lachlan) has benefited from the property as a result of his breaches, being the use of the property and receipt of benefits from it.’’
Lachlan has denied those claims.
The matter will return to court this month.
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Originally published as LJ Hooker real estate agent Lachlan Taylor defends claims over Constitution Hill house
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