Arkup 2 Pty Ltd v Leech & Anor [2017] NSWSC 182

Arkup 2 Pty Ltd v Leech & Anor [2017] NSWSC 182

Arkup 2 Pty Ltd failed to establish a resulting or constructive trust over 36 Main Road, Fingal Head, as Mark Leech funded its acquisition through his own borrowings and there was no common intention or agreement to hold it on trust for Arkup 2. The claim for $188,052 is admitted and proven; the further debt claim is unproven, as Arkup 2 did not establish connection between drawings and indebtedness nor that sums taken were by loan, rather than as wages. Mark Leech's cross-claim fails as neither partnership nor joint venture nor representations for equal sharing were established. Structures (trusts and companies) determined beneficial interests, with no trust, joint venture, or estoppel...

Parties
Plaintiff: Arkup No. 2 Pty Ltd; First Defendant: Alfred Mark Graham Leech; Second Defendant: Deborah Anne Leech
Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Principal Judgment / Final Judgment After Trial
Outcome
Judgment for the plaintiff against the first defendant in the sum of $188,052 plus interest at prescribed rates from 9 August 2011 to date of judgment. All other claims by plaintiff dismissed. The cross-claim is dismissed.
Legal Topics
Trusts, Constructive Trusts, Resulting Trusts, Joint Venture, Partnerships, Unconscionable Conduct, Debts
Equity Trusts Constructive Trusts Resulting Trusts Joint Venture Partnerships Unconscionable Conduct Debts

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Parties

Arkup No. 2 Pty Ltd

Plaintiff

Alfred Mark Graham Leech

First Defendant

Deborah Anne Leech

Second Defendant

Procedural Posture

Principal Judgment / Final Judgment After Trial

Legal Issues

  1. 1 Whether Mark Leech held 36 Main Road, Fingal Head, on constructive or resulting trust for Arkup 2 Pty Ltd as trustee of the Leech Family Trust
  2. 2 Whether Mark Leech owed Arkup 2 Pty Ltd moneys as debts
  3. 3 Whether Mark Leech's cross-claim established entitlement to beneficial interest or share in various assets, profits, or properties

Ratio Decidendi

Arkup 2 Pty Ltd failed to establish a resulting or constructive trust over 36 Main Road, Fingal Head, as Mark Leech funded its acquisition through his own borrowings and there was no common intention or agreement to hold it on trust for Arkup 2. The claim for $188,052 is admitted and proven; the further debt claim is unproven, as Arkup 2 did not establish connection between drawings and indebtedness nor that sums taken were by loan, rather than as wages. Mark Leech's cross-claim fails as neither partnership nor joint venture nor representations for equal sharing were established. Structures (trusts and companies) determined beneficial interests, with no trust, joint venture, or estoppel...

Court Disposition

Judgment for the plaintiff against the first defendant in the sum of $188,052 plus interest at prescribed rates from 9 August 2011 to date of judgment. All other claims by plaintiff dismissed. The cross-claim is dismissed.

Orders

  • Judgment for the plaintiff against the first defendant in the sum of $188,052 plus interest at rates prescribed under s 100 of the Civil Procedure Act 2005 (NSW) from 9 August 2011 to date of judgment.
  • The plaintiff's claims are otherwise dismissed.