McKinlay v Woods

[2024] NSWCA 122

NSW Court of Appeal

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Interrogate

Catchwords

1. Equity
2. › Constructive trust
3. › Joint endeavour constructive trust
4. › Failed joint endeavour
5. › Property acquired to provide home for family member
6. › Whether mutual understanding that contributing party had interest in property
7. › Whether contributions made on basis of joint endeavour
8. › Whether Muschinski v Dodds principles satisfied
1. Equity
2. › Constructive trust
3. › Joint endeavour constructive trust
4. › Terms of constructive trust
5. › Indexation of capital contributions
6. › Whether capital contribution forming part of joint endeavour should be indexed at rate of property appreciation
7. › Distinction between contributions within scope of joint endeavour and extraneous contributions
1. Equity
2. › Constructive trust
3. › Joint endeavour constructive trust
4. › Nominee
5. › Whether registered co-owner acted as nominee of other co-owner
6. › Whether constructive trust binds nominee's interest
1. Equity
2. › Constructive trust
3. › Joint endeavour constructive trust
4. › Scope of joint endeavour
5. › Identification of scope as question of fact
6. › Significance of scope for determining adjustments to equal division

Quick Take

Capital contributions contemplated as part of a joint endeavour from the outset should not be indexed at the rate of property appreciation when working out the terms of a constructive trust, as they are to be treated in the same way as the initial acquisition funding; indexation is appropriate only for contributions extraneous to the joint endeavour.