The Court held that where funds in joint bank accounts were overwhelmingly deposited by one party (Harry), a resulting trust arose in favour of that party, and the other party (Rosemary) held the funds beneficially for him notwithstanding the joint legal title. The Court further held that Harry's contributions from those joint accounts towards the development of a property owned by a company (Sunglade) on trust for Rosemary gave rise to a common interest or joint endeavour constructive trust entitling Harry's estate to a one-half equitable interest in the property, with recovery postponed to allow Rosemary a life interest. In the alternative, the Court found that Rosemary engaged in unconscionable conduct by transferring over $1 million from the joint accounts while Harry was in aged care with significant cognitive and physical impairments, in circumstances where she kept her own substantial assets entirely separate, provided false instructions to solicitors about Harry's contributions, and failed to keep Harry informed of his financial position as required by the Power of Attorney.
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