Baumgartner v Baumgartner [1987] HCA 59, 164 CLR 137, distinguished.
Muschinski v Dodds [1985] HCA 78, 160 CLR 583, referred to.
Aust Dig Equity [1320]
Quick Take
1On the facts, no express or implied representations by the deceased property owner conferring a proprietary interest on her spouse were established; the couple's maintenance of separate finances throughout a long marriage, the owner's consistent treatment of the property as hers, and the terms of her will were inconsistent with any common intention to share beneficial ownership.
2Where parties to a marriage or domestic relationship maintain separate ownership of pre-existing assets and do not pool income toward acquisition of property, contributions to household expenses and maintenance work do not, without more, give rise to unconscionability sufficient to ground a constructive trust under [name withheld] v [name withheld].
3Mesne profits are a restitutionary remedy measured by market rent during wrongful occupation; no discount applies for costs the owner would have incurred in renting the property, but rates actually paid by the trespasser during the period of unlawful occupation are deducted.
