Ad hoc financial assistance between close friends, even over many years and involving large sums, does not without more establish the pooling of resources or joint endeavour required for a Baumgartner constructive trust. The absence of any contemporaneous reference to an alleged profit-sharing arrangement in extensive correspondence — particularly correspondence in which the claimant was under financial pressure and had every incentive to assert such rights — weighs heavily against the existence of such an arrangement. Unusual features of a property transaction may be explicable by the nature of an unusual relationship between the parties, rather than by the existence of a trust.
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