The Law Library of Victoria Home Menu

Zekry, Nagi v Zekry, Margritte [2020] VSCA 336

Victorian Court of Appeal
Tate, Kyrou and Niall JJA

Zekry, Nagi v Zekry, Margritte

Judgment Date: 
23 December 2020

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.