› application for adjustment of property interests
› defendant’s contributions to plaintiff’s asset position are entirely outweighed by advantages he has derived from occupation, without payment of rent, of property
› no order in defendant’s favour.
Defences
› illegality
› whether defendant was registered proprietor for purpose of evading capital gains tax or concealing assets in relation to social security benefits
› title to property not arranged for illegal purpose.
Trusts
› resulting or constructive trust
› proof of beneficial ownership
› defendant holds legal interest
› plaintiff contributed whole purchase price
› no arrangement or expression of intention for defendant to have life interest
› plaintiff did not manifest intention to confer beneficial ownership on defendant
› plaintiff is beneficial owner of property.
Case Details
Citation[2010] NSWSC 1193
CourtNSWSC
JurisdictionNew South Wales
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