REAL PROPERTY - co-ownership - application for appointment of statutory trustees for sale - adjustment of interests - whether non-occupying owner entitled to occupation fee - where there has been no exclusion from the property - consideration of principle in McKay v McKay and Callow v Rupchev - held applicable to "domestic relationship" between brother, sister and mother.
REAL PROPERTY - co-ownership - application for appointment of statutory trustees for sale - adjustment of interests - whether contributions made by associated entity attributable to party.
EQUITY - trusts - resulting trust - presumption of resulting trust based on contributions to purchase price - presumption rebutted where parties have agreed on beneficial interest at time of purchase.
EQUITY - trusts - remedial constructive trust - principle in Baumgartner - application to family relationship - necessity of identifying relevant "joint enterprise" - whether there was "attributable blame" for the failure of the joint enterprise - whether party adequately compensated by a right to contribution - whether respective contributions by parties should be valued according to cost or increase in value of property.
Case Details
Citation[2012] NSWSC 685
CourtNSWSC
JurisdictionNew South Wales
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