Jain v Amit Laundry Pty Ltd

[2019] NSWCA 20

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Trusts and trustees
3. › Resulting trusts
4. › Purchase money trusts
5. › Whether evidence of common intention as to allocation of beneficial interests rebutted presumption of resulting trust
6. › Whether mortgage repayments affect beneficial interests as between contributors
7. › Whether parties intended to acquire property burdened by mortgage or unburdened of all encumbrances
1. Equity
2. › Trusts and trustees
3. › Resulting trusts
4. › Purchase money trusts
5. › Meaning of 'immediate and unconditional' beneficial interest
6. › Whether beneficial interest subject to personal obligation or another beneficial interest may still rebut presumption of resulting trust
1. Land Law
2. › Co-ownership
3. › Rights between co-owners
4. › Right to possession as co-owner

Quick Take

Practitioners advising on purchase money resulting trusts should note that mortgage repayments by a third party will not alter beneficial interests unless there is a common intention at the time of acquisition that the parties' interests would be proportionate to contributions made both to acquire the land and to free it from the mortgage (the Bloch v Bloch approach), and that the phrase 'immediate and unconditional' from Muschinski v Dodds does not impose an additional legal requirement beyond proving common intention.