In Camden Nurseries Pty Ltd v Aussie Growers (Aust) Pty Ltd [2017] NSWSC 1770 Ms Cassar agreed to sell a property to Mr Marjan which they would develop and co-own. The agreement implied that Ms Cassar totally owned the property and would transfer the whole property to Mr Marjan. However Ms Cassar only had a share as tenant in common with Mr Palmer.

The Court held that the agreement was a sham since Ms Cassar had no intention of transferring her share to Mr Marjan. Hence the contract did not reflect the true intentions of the parties to become co-owners. The Court ordered Mr Marjan to remove the caveat that purported to grant him an interest in the property. Mr Palmer was entitled to possession of the property and to exercise the power of sale.

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