The Court declared that a defendant daughter held her half share in a jointly purchased property on constructive trust for her elderly mother, where the mother had funded virtually the entire purchase price under a joint endeavour that failed when the mother moved into aged care. The Court also ordered repayment of $62,170.52 withdrawn by the defendant from a joint bank account without authority, finding the defendant's authority over the account was limited to servicing the mortgage. On the facts, the Court departed from equal distribution of surplus because the plaintiff's contributions vastly exceeded the defendant's, the defendant had effectively withdrawn all her contributions, and there was unlikely to be any surplus after discharge of the mortgage and sale costs.
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