The Court appointed statutory trustees for sale of two properties held by brothers as tenants in common in equal shares, finding that the defendant failed to establish a common intention constructive trust, failed joint endeavour constructive trust, or purchase money resulting trust that would give him a beneficial interest exceeding his 50% legal interest. The Court held that where a party's current evidence directly contradicted sworn evidence given in prior proceedings (here, the AAT), and the prior evidence was consistent with contemporaneous documents including tax returns and a statement of facts, the prior evidence was to be preferred and the party's credibility was irretrievably damaged. The defendant's counterclaim for an equitable charge over the plaintiff's share was also dismissed, and the net proceeds were ordered distributed equally.
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