In calculating resulting trust proportions based on contributions to the purchase of property, equity has regard to the totality of money outlaid to obtain the property, including incidental expenses of acquisition such as stamp duty, solicitor's fees and bank fees, not merely the purchase price. A co-owner who claims an equitable accounting for mortgage repayments (both principal and interest) is seeking equity and must do equity by submitting to be charged with an occupation rent, though the scope of this obligation where the co-owner's occupation was not exclusive remains contested. The question whether mortgage repayments should be equated with improvements for the purpose of the occupation rent rule was decided differently by the majority (Sheller JA and Hodgson JA, equating them) and Giles JA (distinguishing them).
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