French v Bremner [2019] NSWSC 1033

French v Bremner [2019] NSWSC 1033

Mr French failed to establish any enforceable contract entitling him to damages or reimbursement from Dr Bremner, and failed to establish a resulting trust or entitlement to compensation for property expenses. Dr Bremner was entitled to repayment of loans totalling $3,148,718, but not to a resulting trust. He was entitled to appointment of trustees for sale of five jointly owned Victorian properties.

Jurisdiction
Australia
Judgment Date
15 August 2019
Procedural Posture
Equity Commercial List / Principal Judgment
Outcome
Plaintiff's cross-claim dismissed; Defendant's cross-claim largely succeeded; orders made for repayment, orders for sale, and directions to bring short minutes of order.
Legal Topics
['hearsay Exceptions' 'contract Formation' 'resulting Trusts' 'statutory Trust for Sale']
['evidence' 'contracts' 'equity' 'land Law'] ['hearsay Exceptions' 'contract Formation' 'resulting Trusts' 'statutory Trust for Sale']

Case Brief

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Procedural Posture

Equity Commercial List / Principal Judgment

Legal Issues

  1. 1 ['Whether there was a contract for Dr Bremner to discharge or indemnify French against the Provident mortgage' 'Whether there was a concluded joint venture agreement for exploitation of magnetic coupling inventions' "Existence of a resulting trust favouring Dr Bremner over properties registered in French or Bakey's name" 'Right to appointment of trustees for sale of Victorian properties under the Property Law Act 1958 (Vic)']

Ratio Decidendi

Mr French failed to establish any enforceable contract entitling him to damages or reimbursement from Dr Bremner, and failed to establish a resulting trust or entitlement to compensation for property expenses. Dr Bremner was entitled to repayment of loans totalling $3,148,718, but not to a resulting trust. He was entitled to appointment of trustees for sale of five jointly owned Victorian properties.

Court Disposition

Plaintiff's cross-claim dismissed; Defendant's cross-claim largely succeeded; orders made for repayment, orders for sale, and directions to bring short minutes of order.

Orders

  • ['Order that the first cross-claim be dismissed.' 'Order that the second cross-claim be dismissed as against the second cross-defendant.' 'Direct cross-claimant to bring in short minutes of order to give effect to judgment and to deal with costs.']