Clayton v Clayton

[2023] NSWSC 399

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Estoppel
2. › Proprietary estoppel
3. › Estoppel by encouragement
4. › Claim by defendant that deceased’s real property held on a constructive trust
1. Trusts
2. › Constructive trusts
3. › Alternative trust claim by defendant arising from contributions to property
4. › Important differences between common intention constructive trust and joint endeavour constructive trust
5. › Requirements for each of a common intention constructive trust and a joint endeavour constructive trust discussed
1. Pleading
2. › Constructive trusts
3. › Important to plead trust claim clearly as critical differences between a common intention constructive trust and a joint endeavour constructive trust
1. Evidence
2. › Competence
3. › A lack of response by a witness per se or a nonresponsive answer to a question does not necessarily demonstrate a lack of understanding of the question nor inability to give up a comprehensible answer
4. › The mere fact that a witness has a mental health condition does not necessarily preclude a finding of competency