Sweeney v He

[2023] NSWCA 68

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Trusts and trustees
3. › Constructive trusts
4. › Common intention constructive trust
5. › Joint endeavour constructive trust
6. › Whether oral agreement established that property held on trust
7. › Whether payments by occupant were rent or mortgage payments
1. Appeal
2. › Appeal by way of rehearing
3. › Appellate review of factual findings
4. › Findings affected by credibility assessments
5. › Whether findings glaringly improbable or contrary to compelling inferences
6. › Fox v Percy principles
7. › Supreme Court Act 1970 (NSW), s 75A
1. Courts and Judges
2. › Duty to give reasons
3. › Adequacy of reasons
4. › Credit findings
5. › Whether detailed explanation required for preferring evidence of one witness over another
1. Practice and Procedure
2. › Procedural fairness
3. › Rule in Browne v Dunn
4. › Whether cross-examination on specific point required where notice given by pleadings and submissions

Quick Take

In constructive trust claims based on alleged oral agreements where the claimant bears the onus and their evidence is disbelieved, the three objective matters relied upon (Centrelink records, bank statements, and prior tribunal evidence) are held to be equivocal and insufficient to establish glaringly improbable findings.