Fuller, Michael John & Ors v Fuller, Laima & Ors [1997] FCA 1336

Fuller, Michael John & Ors v Fuller, Laima & Ors [1997] FCA 1336

The Trustee failed to rebut the presumption of advancement or to establish a serious question that the property or proceeds are held on constructive trust for the Trustee; therefore, the application for continuation of the injunction is dismissed.

Parties
First Applicant: Michael John Fuller; First Applicant: Hugh Jenner Wily as Trustee of the Estate of Michael John Fuller; Second Applicant: M J Fuller Services Pty Ltd (in liquidation); First Respondent: Laima Ann Fuller; Second Respondent: Daiva Cecilia Fuller; Second Respondent: Joana Maria Fuller; Third Respondent: Lyn Wilkinson; Third Respondent: Nora Wilkinson; Fourth Respondent: Fidex International Trust Company Limited; Fifth Respondent: St Hellier Trust Company Limited; Sixth Respondent: Michael John Fuller
Jurisdiction
Australia
Judgment Date
18 June 1997
Procedural Posture
Application for Continuation of Injunction / Interlocutory
Outcome
Application for continuation of injunction dismissed. Existing injunction dissolved.
Legal Topics
Presumption of Advancement, Constructive Trust, Resulting Trust, Injunction
Equity Bankruptcy Presumption of Advancement Constructive Trust Resulting Trust Injunction

Case Brief

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Parties

Michael John Fuller

First Applicant

Hugh Jenner Wily as Trustee of the Estate of Michael John Fuller

First Applicant

M J Fuller Services Pty Ltd (in liquidation)

Second Applicant

Laima Ann Fuller

First Respondent

Daiva Cecilia Fuller

Second Respondent

Joana Maria Fuller

Second Respondent

Lyn Wilkinson

Third Respondent

Nora Wilkinson

Third Respondent

Fidex International Trust Company Limited

Fourth Respondent

St Hellier Trust Company Limited

Fifth Respondent

Michael John Fuller

Sixth Respondent

Procedural Posture

Application for Continuation of Injunction / Interlocutory

Legal Issues

  1. 1 Whether Mrs Fuller held the Beaumont property as constructive trustee for the Trustee.
  2. 2 Whether the presumption of advancement applies to Mr Fuller's provision of purchase monies.
  3. 3 Whether the Trustee has an equitable interest in the land or proceeds of sale.

Ratio Decidendi

The Trustee failed to rebut the presumption of advancement or to establish a serious question that the property or proceeds are held on constructive trust for the Trustee; therefore, the application for continuation of the injunction is dismissed.

Court Disposition

Application for continuation of injunction dismissed. Existing injunction dissolved.

Orders

  • Application for continuation of injunction is dismissed.
  • Subsisting injunction dissolved as of 5pm on 18 June 1997.