Sorna Pty Ltd v Flint & Anor

[2000] WASCA 22

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Equity
2. › Trusts
3. › Resulting trust
4. › Presumption of resulting trust
5. › Whether rebutted by evidence of joint venture arrangement
6. › Contribution of services as well as money
1. Equity
2. › Trusts
3. › Constructive trust
4. › Common intention constructive trust
5. › Whether statutory writing requirement precludes creation by oral agreement
6. › Mining Act 1978 (WA), s 119(2)
1. Mining Law
2. › Mining tenements
3. › Equitable interests
4. › Requirement of writing
5. › Whether s 119(2) of Mining Act 1978 (WA) precludes creation of equitable interests by oral agreement
6. › Whether s 34 of Property Law Act 1969 (WA) applies to mining tenements
7. › Mining Act 1978 (WA), s 119(2)
8. › Property Law Act 1969 (WA), s 34
1. Practice and Procedure
2. › Costs
3. › [name withheld]'s Court
4. › Taxation of costs
5. › Whether power to increase discretionary costs under O 37 r 6A(1) of Local Court Rules 1961 available under current costs determination
6. › Mining Act 1978 (WA), s 134(2)
7. › Legal Practitioners Act 1893 (WA), s 58W, s 58ZB

Quick Take

Section 119(2) of the Mining Act 1978 (WA) prevents the creation of equitable interests in mining tenements by oral agreement, including by way of resulting trust, implied trust, or constructive trust arising from common intention. Section 34 of the Property Law Act 1969 (WA) has no application to mining tenements. However, oral agreements relating to mining tenements may still create personal contractual rights enforceable against the legal holder. The presumption of resulting trust arising from payment of acquisition costs is rebutted where the arrangement is in the nature of a joint venture involving contributions of both money and services.