Murtagh v Murtagh

[2013] NSWSC 926

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. REAL PROPERTY - Co-ownership by siblings - application for appointment of statutory trustee for sale - adjustment of interests - Contributions made.
1. EQUITY - Trusts - resulting trust - presumption of resulting trust based on contributions to purchase price - no presumption of advancement - presumption of resulting trust rebutted where parties have agreed on beneficial interest at time of purchase - whether any agreement - joint mortgagors - effect of substantial contribution to mortgage repayment - Whether beneficial interests according to contributions
1. EQUITY - Trusts - constructive trust - application to family relationship - Whether party adequately compensated by a right to contribution and equitable charge.