Joudo v Joudo [2024] NSWCA 258

Joudo v Joudo [2024] NSWCA 258

The arrangement constituted a joint endeavour for mutual benefit, and its breakdown without attributable blame rendered it unconscionable for the appellant to retain the entirety of the property benefits; the constructive trust adjustment ordered by the primary judge, repaying parties their contributions and dividing the residual proceeds, reflected the justice of the case.

Parties
Appellant: Ravina Joudo; First Respondent: Marie Joudo; Second Respondent: Ronnie Joudo
Jurisdiction
Australia
Judgment Date
30 October 2024
Procedural Posture
Appeal / Appellate Judgment (court of Appeal, Supreme Court of Nsw)
Outcome
Appeal dismissed with costs
Legal Topics
Constructive Trusts, Joint Endeavour, Unconscionable Retention of Property, Remedial Constructive Trust
Equity Constructive Trusts Joint Endeavour Unconscionable Retention of Property Remedial Constructive Trust

Case Brief

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Parties

Ravina Joudo

Appellant

Marie Joudo

First Respondent

Ronnie Joudo

Second Respondent

Procedural Posture

Appeal / Appellate Judgment (court of Appeal, Supreme Court of Nsw)

Legal Issues

  1. 1 Whether the arrangement between the parties constituted a joint endeavour sufficient to justify equity's intervention via constructive trust
  2. 2 Whether the declaration of a constructive trust over the sale proceeds was flawed for failure to account for the respondents' rent-free occupation

Ratio Decidendi

The arrangement constituted a joint endeavour for mutual benefit, and its breakdown without attributable blame rendered it unconscionable for the appellant to retain the entirety of the property benefits; the constructive trust adjustment ordered by the primary judge, repaying parties their contributions and dividing the residual proceeds, reflected the justice of the case.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondents' costs