Weige v Cupton Pty Ltd

[2012] NSWCA 414

NSW Court of Appeal

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Interrogate

Catchwords

1. Appeal
2. › Credibility findings by trial judge
3. › Whether glaringly improbable or inconsistent with incontrovertible evidence
4. › Whether trial judge failed to use or misused advantage in assessing witness testimony
1. Trusts
2. › Resulting trust
3. › De facto relationship
4. › Contributions to purchase of property
5. › Whether loan moneys constituted contribution of one party or loan to purchaser facilitated by that party
6. › Presumption of resulting trust arising from contribution to purchase price
1. Equity
2. › Purchase by one co-owner of shares in company holding other half-interest in trust
3. › Whether purchaser obtained beneficial interest in trust property
4. › Whether bona fide purchaser for value
1. Real Property
2. › Torrens system
3. › Indefeasibility of title
4. › Transfer by company of interest in land held on trust to sole shareholder of company
5. › Whether interest held as constructive trustee
6. › [name withheld] v [name withheld]
7. › Real Property Act 1900 (NSW), s 42(1)

Quick Take

Where one party to a de facto relationship contributes to the purchase price of property held by a corporate trustee for a family trust, a resulting trust arises in favour of the contributing party proportionate to their contribution, and the onus of rebutting that presumption lies on the party seeking to rely on the legal title. The acquisition of shares in a corporate trustee does not of itself confer any beneficial interest in trust property, but an agreement to transfer the trust's beneficial interest, if supported by consideration, may effectively transfer that interest. An unjust enrichment claim cannot be raised for the first time on appeal without having been pleaded, including the vitiating factor.