“Thank you for being with us in 2020. To read the Director’s message and learn more about our achievements in 2020, click here”
- Library Services
Zekry, Nagi v Zekry, Margritte
EQUITY & TRUSTS - Common intention constructive trust - Joint endeavour constructive trust - Applicant claimed to have made financial and non-financial contributions to properties - Legal title to properties held by respondent - Whether common intention of applicant (son), respondent (mother) and late husband (father) that 50 per cent interest in properties would be held on trust for benefit of applicant - Whether common intention inferred from parties' actions - Whether parties entered into a joint endeavour concerning properties - Position of respondent once she became registered proprietor - Muschinski v Dodds (1985) 160 CLR 583, Baumgartner v Baumgartner (1987) 164 CLR 137 applied - Declaration that respondent holds her interest in one property on trust for herself beneficially as to 50 per cent and for the applicant beneficially as to 50 per cent.