Where parties to a de facto relationship acquire property in joint names with unequal contributions, the majority held that the evidence must establish such a disparity as necessarily leads to the conclusion that joint ownership is unconscionable before a constructive trust will be imposed. The dissent (Atkinson J) would have applied Muschinski v Dodds (Deane J) to impose a constructive trust proportionate to contributions where the substratum of the relationship was removed, regardless of the parties' common intention to hold jointly. The case confirms that credibility findings by a trial judge are determinative in equitable claims based on contributions during a de facto relationship.
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