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AE Brighton Holdings P/L (ACN 166 492 306) v UDP Holdings P/L (ACN 167 100 692) & Registrar of Titles [2020] VSCA 235

REAL PROPERTY, CONSTRUCTIVE TRUST
Victorian Court of Appeal
Judge(s): 
Kyrou, Kaye and Sifris JJA
Parties: 

AE Brighton Holdings P/L (ACN 166 492 306) v UDP Holdings P/L (ACN 167 100 692) & Registrar of Titles

Judgment Date: 
11 September 2020
Catchwords: 

REAL PROPERTY - Caveat - Arbitral award declared that a company held funds it received from first respondent on constructive trust for first respondent - Award recognised by Court order - Applicant not party to award - Sole director of the company and applicant gave evidence at public examination that funds received from first respondent given to applicant and used by it to purchase properties subject to first respondent's caveat - Whether first respondent established prima facie case of existence of caveatable interest - Transfer of Land Act 1958 s 90(3) - Application for leave to appeal refused.

CONSTRUCTIVE TRUST - Trust arising where recipient of funds has knowledge that funds were paid under mistake of fact - Tracing - Principles to be applied.

Citation: