District Court

De Whalley Farrall v Money [2017] QDC 084 (12/92) Kent QC DCJ 13 April 2017

Full-text: QDC17-084.pdf

Catchwords

EQUITY TRUSTS AND TRUSTEES EXPRESS TRUSTS CONSTITUTED INTER VIVOS DECLARATION OF TRUST GENERALLY where the subject matter of the alleged trust was a residential property, acquired by the defendant during her de facto relationship with the plaintiff where the trust is alleged to be created by a deed signed by the parties where the deed stated the defendant held the property on trust for the plaintiff where it was alleged the plaintiff failed to perform certain obligations required by the deed whether the agreement was repudiated whether a repudiation was accepted whether the deed is enforceable whether the property is held on trust by the defendant for the parties whether the defendant holds the property on trust for the parties as tenants in common in equal shares whether an account should be taken of the contributions made by the plaintiff

EQUITY TRUSTS AND TRUSTEES IMPLIED TRUSTS CONSTRUCTIVE TRUSTS UNCONSCIONABLE CONDUCT where the defendant acquired a residential property during her de facto relationship with the plaintiff where it was alleged the plaintiff contributed to the acquisition, conservation and improvement of the property where the defendant denied the plaintiff an interest in the property whether the plaintiff contributed to the property whether it would be unconscionable to deny the plaintiff a beneficial interest in the property whether a constructive trust should be imposed over the property, reflecting the respective contributions by the parties to that property

Uniform Civil Procedure Rules considered

Rule 389 - Continuation of proceeding after delay