A judgment creditor, including the Deputy Commissioner of Taxation, has standing to seek a declaration that judgment debtors are beneficially entitled to property registered in the names of third parties, in aid of execution of judgment debts. Such a declaration is not an 'enforcement' of a judgment within s 3(5) of the Supreme Court Act 1986 (Vic). Where an oral gift of real property is followed by the donees' occupation, payment of outgoings, and substantial expenditure on improvements with the knowledge and approval of the donors, a constructive trust arises over the whole property, and the minimum equity is not limited to the amount expended.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.