EQUITY - trusts and trustees - implied trusts - constructive trusts - where co-owner of a property fails to contribute to mortgage repayments and other necessary expenses - that co-owner holds his interest in the property on constructive trust for the co-owner who has made those payments
REAL PROPERTY - general principles - incidents of estates and interests in land - joint tenancy and tenants in common - where beneficial to first co-owner that the second co-owner vacate the property - allowance should be made for notional rent that first co-owner would have paid
PROCEDURE - judgments and orders - satisfaction and set-off of judgments - where defendant has indicated that he has no money to pay any amounts sought from him - plaintiff entitled to have her judgment debt to the defendant set-off against the costs order in her favour
Case Details
Citation[2012] NSWSC 643
CourtNSWSC
JurisdictionNew South Wales
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