Tamer v Official Trustee in Bankruptcy [2016] NSWSC 680

Tamer v Official Trustee in Bankruptcy [2016] NSWSC 680

A remedial constructive trust is found in favour of the plaintiffs based on common or shared intention and the totality of their conduct and contributions. There was no room for a resulting trust, and estoppel and restitutionary claims were not made out on the evidence.

Jurisdiction
Australia
Judgment Date
31 May 2016
Procedural Posture
Principal Judgment / Trial Judgment
Outcome
Plaintiffs' claim for a remedial constructive trust allowed; other claims dismissed; defendant's cross-claim dismissed; parties invited to make submissions on costs.
Legal Topics
['constructive Trust' 'resulting Trust' 'common Intention' 'trust Property and Bankruptcy' 'mistake and Restitution' 'estoppel']
['trusts' 'equity' 'bankruptcy'] ['constructive Trust' 'resulting Trust' 'common Intention' 'trust Property and Bankruptcy' 'mistake and Restitution' 'estoppel']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Principal Judgment / Trial Judgment

Legal Issues

  1. 1 ['Whether a constructive trust exists over the property' 'Whether a resulting trust exists' "Whether the defendant is estopped from denying the plaintiffs' beneficial ownership" 'Whether restitution is available for contributions made by the plaintiffs']

Ratio Decidendi

A remedial constructive trust is found in favour of the plaintiffs based on common or shared intention and the totality of their conduct and contributions. There was no room for a resulting trust, and estoppel and restitutionary claims were not made out on the evidence.

Court Disposition

Plaintiffs' claim for a remedial constructive trust allowed; other claims dismissed; defendant's cross-claim dismissed; parties invited to make submissions on costs.

Orders

  • ['Declaration of remedial constructive trust in favour of the plaintiffs (as per paragraphs 1 and 3 of relief sought)' 'Other claims of the plaintiffs dismissed' "Defendant's cross-claim dismissed"]