‘You'll be a rich little girl'; Sydney woman sues parents over real estate empire promise, loses in court
Paul Penya
, to the
NSW Supreme Court
, arguing that she was promised by her father and mother, Therese, the family's real estate agency, and their Eastlakes home in return for working unpaid for over 20 years.
She told the court she relied on repeated assurances she would end up a "rich little girl."
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However, in Penya v Penya [2025] NSWSC 805, Justice Kate Williams found no evidence of a 'clear and unequivocal' promise that either asset would be transferred to her during her parents' lifetimes. The court ruled the statements amounted to inheritance hopes, not a binding agreement.
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Paul Penya sold the business to Century 21 in 2018, and Paula-Marie received $5,000 from the sale. The legal dispute began when Paul later moved to sell the Eastlakes home he co-owns with Therese to fund his retirement.
Paula-Marie, who lives in the house with her partner and children, opposed the sale. She said she couldn't afford to buy him out and argued she had been promised the property. But the court allowed the sale to go ahead under section 66G of the Conveyancing Act 1919 (NSW).
Court: No legal grounds for ownership claim
Justice Williams dismissed Paula-Marie's claims of proprietary estoppel, common intention trust, and joint endeavour. The court noted that although she had worked for years at the family business, she had not shown a concrete agreement that gave her legal rights over the assets.
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The judge also pointed out that Paula-Marie had declined or postponed taking over the business before it was sold, despite her father's requests.
Rent-free living
Paula-Marie and her partner were able to purchase multiple investment properties over the years, aided by the fact they lived rent-free at the Eastlakes home.
The court saw this as significant and inconsistent with claims of financial sacrifice.
As reported by news.com.au, Paul Penya revoked his earlier will, which left his estate to Paula-Marie, and instead named his long-term partner, Irene, as beneficiary. In court, he said, 'I made them millionaires; they were useless.'
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The court ruled that Paula-Marie and her family must vacate the Eastlakes home at least seven days before the property's sale. Trustees will be appointed to carry out the sale as permitted by law.
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