TRUSTS — whether plaintiff's interest in real property at time of sale held on trust for cross-claimant and second cross-defendant — whether proceeds of sale of real property held on constructive or implied trust — HELD — beneficial interest in real property held at all times by plaintiff/first cross-defendant — plaintiff liable to pay portion of proceeds of sale to defendant/cross-claimant on failure of joint endeavour — no need to impose constructive trust — DE FACTO RELATIONSHIPS — application for adjustment of property interests pursuant to s 20(1) of the Property (Relationships) Act 1984 (NSW) — HELD — no adjustment warranted in light of conclusion on constructive trust claim
Case Details
Citation[2011] NSWSC 1059
CourtNSWSC
JurisdictionNew South Wales
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