Gutta v Ierino

[2010] WASC 402

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Equity
2. › Constructive trust
3. › Equitable fraud
4. › Forged transfer of land
5. › Whether defendant held property as constructive trustee where transfer effected by forgery with defendant's knowledge
6. › Transfer of Land Act 1893 (WA), s 201
1. Equity
2. › Equity of exoneration
3. › Joint borrowing
4. › Whether co-owner entitled to exoneration where jointly borrowed funds applied for sole benefit of other co-owner
5. › Whether equity limited to husband and wife
6. › Whether equity applies where only part of joint borrowing applied for one party's benefit
1. Evidence
2. › Similar fact evidence
3. › Admissibility in civil proceedings
4. › Whether evidence of prior forgery by witness admissible to prove forgery in present case
5. › Evidence Act 1906 (WA), s 31A
1. Evidence
2. › Expert evidence
3. › Handwriting analysis
4. › Conflicting expert opinions
5. › Assessment of expert credibility and methodology

Quick Take

The equity of exoneration applies to co-owners who are not spouses, including parties in a personal relationship, where jointly borrowed funds are applied for the sole benefit of one co-owner. Similar fact evidence in civil proceedings is admissible where it is logically relevant to a matter in issue, without the additional safeguards required in criminal proceedings. Extraction of an unperfected court order during the conferral process under O 59 r 9, without notice to the other party and with the intention of undermining a foreshadowed application, constitutes an abuse of process.