Mendonca v Tonna

[2020] NSWCA 196

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Equity
2. › Trusts and trustees
3. › Resulting trusts
4. › Purchase money trusts
5. › Where funds contributed to purchase of property
6. › Whether presumption of resulting trust rebutted
1. Landlord and Tenant
2. › Agreements for lease
3. › Creation
4. › Where final page of residential tenancy agreement signed
5. › Whether signature genuine
6. › Whether primary judge erred in not being satisfied that any agreement giving rise to residential tenancy
1. Costs
2. › Party/party costs
3. › Exercise of discretion
4. › Whether discrete and separable issues justifying departure from order that costs follow event
5. › Uniform Civil Procedure Rules 2005 (NSW), r 42.1
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Where conclusion based on inferences from contemporaneous documents and rejection of evidence
5. › Whether error established

Quick Take

The case illustrates the difficulty of rebutting a presumption of resulting trust where contemporaneous documents support the contributing party's beneficial interest, and confirms that overlapping factual issues between successful and unsuccessful claims do not warrant departure from the ordinary costs rule.