› Where plaintiff claimed one third interest in real property as beneficiary of oral express trust
› Where plaintiff did not plead existence of contract
› Whether plaintiff could rely on payment of purchase price, power of attorney signed by registered proprietor and receipt of rent as acts of part performance
› Whether doctrine of part performance applies to express declarations of trust.
Equity
› Trusts and trustees
› Constructive trusts
› Where defendant became registered proprietor of real property in which plaintiff claimed one third interest
› Where plaintiff claimed defendant promised to recognise plaintiff’s one third interest
› Whether plaintiff could enforce interest against defendant that it could not enforce against original registered proprietor.
Case Details
Citation[2018] NSWSC 125
CourtNSWSC
JurisdictionNew South Wales
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