Hill v Dunn [2019] NSWSC 419

Hill v Dunn [2019] NSWSC 419

The defendant holds his legal interest in the property on resulting trust for the plaintiff because the entire purchase price and outgoings were paid by the plaintiff, there was no presumption of advancement in a de facto relationship, and the evidence did not rebut the presumption of resulting trust; thus, declaratory and vesting orders are appropriate even in the absence of the defendant.

Jurisdiction
Australia
Judgment Date
12 April 2019
Procedural Posture
Equity / Principal Judgment
Outcome
Declaration made; property vested absolutely in plaintiff; alternative transfer and Registrar orders; no order as to costs.
Legal Topics
['trusts and Trustees' 'resulting Trusts' 'presumption of Advancement' 'declaratory Relief' 'vesting Order']
['equity'] ['trusts and Trustees' 'resulting Trusts' 'presumption of Advancement' 'declaratory Relief' 'vesting Order']

Case Brief

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Procedural Posture

Equity / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant holds his legal interest in the property on resulting trust for the plaintiff' 'Whether declaratory and other relief should be granted in the absence of the defendant' 'Whether other relief should be granted']

Ratio Decidendi

The defendant holds his legal interest in the property on resulting trust for the plaintiff because the entire purchase price and outgoings were paid by the plaintiff, there was no presumption of advancement in a de facto relationship, and the evidence did not rebut the presumption of resulting trust; thus, declaratory and vesting orders are appropriate even in the absence of the defendant.

Court Disposition

Declaration made; property vested absolutely in plaintiff; alternative transfer and Registrar orders; no order as to costs.

Orders

  • ['Declare defendant holds legal interest in property at 54 Catherine Drive, Dubbo (NSW) on resulting trust for plaintiff.' 'Order pursuant to s 71 of Trustee Act 1925 (NSW) that property be vested absolutely in plaintiff forthwith.' 'In alternative, defendant to sign and return all documents and do all things...