MAGNER V. MCELLIGOTT

MAGNER V. MCELLIGOTT

The court accepted the plaintiff's account, finding that a prior arrangement existed for the purchase of tickets for joint benefit, and thus the defendant held the tickets and prize on trust for both himself and the plaintiff, entitling the plaintiff to a half share of the winnings.

Parties
Plaintiff: Magner; Defendant: McElligott
Jurisdiction
Australia
Judgment Date
28 May 1971
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Joint Ownership, Fiduciary Relationships, Trusts Over Lottery Winnings
Property Law Trusts Joint Ownership Fiduciary Relationships Trusts Over Lottery Winnings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Magner

Plaintiff

McElligott

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff was entitled to a joint share in lottery winnings purchased in the defendant's name.
  2. 2 Whether the defendant held the ticket and prize money on trust for the plaintiff.

Ratio Decidendi

The court accepted the plaintiff's account, finding that a prior arrangement existed for the purchase of tickets for joint benefit, and thus the defendant held the tickets and prize on trust for both himself and the plaintiff, entitling the plaintiff to a half share of the winnings.

Court Disposition

judgment for the plaintiff

Orders

  • Declaration that the plaintiff was entitled to receive from the defendant $7,500, being one-half of $15,000 received by him on 23rd November 1970.
  • Judgment entered for the plaintiff for $6,500, together with interest at 7% per annum from 8 February 1971, and costs of the action.