Makaritis v Makaritis (No 2) [2022] NSWSC 1690

Makaritis v Makaritis (No 2) [2022] NSWSC 1690

A constructive trust is imposed over the Maryland property based on a failed joint endeavour between the plaintiff and the defendants, as the plaintiff's substantial contribution and agreed plan for his benefit failed due to breakdown of relationship and it would be unconscionable for the defendants to retain the benefit.

Jurisdiction
Australia
Judgment Date
09 December 2022
Procedural Posture
Principal Judgment / Final Judgment With Adjournment for Orders
Outcome
Plaintiff succeeds in claim for constructive trust on failed joint endeavour basis; other equitable claims and personal claims against defendant dismissed; orders for determination of quantum and form of sale to be determined on adjournment.
Legal Topics
['constructive Trusts' 'failed Joint Endeavour' 'proprietary Estoppel' 'unconscionable Transaction' 'family Property Disputes']
['equity'] ['constructive Trusts' 'failed Joint Endeavour' 'proprietary Estoppel' 'unconscionable Transaction' 'family Property Disputes']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment With Adjournment for Orders

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to a constructive trust over property transferred to a trust at undervalue' 'Whether the arrangement constitutes a failed joint endeavour' 'Whether there was proprietary estoppel or unconscionable conduct' 'Whether personal claims against the defendant for professional negligence, misleading conduct, or breach of fiduciary duty are sustained']

Ratio Decidendi

A constructive trust is imposed over the Maryland property based on a failed joint endeavour between the plaintiff and the defendants, as the plaintiff's substantial contribution and agreed plan for his benefit failed due to breakdown of relationship and it would be unconscionable for the defendants to retain the benefit.

Court Disposition

Plaintiff succeeds in claim for constructive trust on failed joint endeavour basis; other equitable claims and personal claims against defendant dismissed; orders for determination of quantum and form of sale to be determined on adjournment.

Orders

  • ['Adjourn proceedings to 14 December 2022 for determination of relief and costs.' 'Direct parties to confer and submit proposed orders before adjourned hearing.']