A Baumgartner constructive trust may be imposed on property other than the parties' shared home, where payments towards that property were part of the joint endeavour — here, mortgage payments on an investment property were treated as a cost of the parties living together. The joint bank account principles in In Re Bishop, which determine rights at the point of withdrawal, do not preclude the later imposition of a constructive trust when the relationship breaks down. The rule in Browne v Dunn does not require cross-examination on matters where pre-trial exchange of affidavits has given adequate notice of the issues.
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