Thevar v Maharaj [2021] NSWSC 1474

Plaintiff is entitled to recover all funds in the specified bank accounts as they are held on trust for the plaintiff, given the failure of the special purpose forming the basis for the transfer.

Parties: Plaintiff: Ronald Thevar; Defendant: Roshini Nirmal Lynette Maharaj
Jurisdiction: Australia
Judgment Date: 11 November 2021
Procedural Posture: Equity / Judgment
Outcome: Judgment for the plaintiff
Legal Topics: Trusts, Resulting Trusts, Quistclose Trusts, Tracing, Money Paid Into Bank Account

Equity Trusts Resulting Trusts Quistclose Trusts Tracing Money Paid Into Bank Account

Case Brief

Summary, issues, holding and outcome

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Parties

Ronald Thevar

Plaintiff

Roshini Nirmal Lynette Maharaj

Defendant

Procedural Posture

Equity / Judgment

Legal Issues

1 Whether funds held in defendant's bank accounts are held on trust for the plaintiff
2 Whether plaintiff is entitled to recover funds withdrawn and traced from the defendant's accounts
3 Determination of type of trust arising from transfer for special purpose

Ratio Decidendi

Plaintiff is entitled to recover all funds in the specified bank accounts as they are held on trust for the plaintiff, given the failure of the special purpose forming the basis for the transfer.

Court Disposition

Judgment for the plaintiff

Orders

Judgment for the plaintiff against the defendant in the sum of $179,662.02.
Order that the defendant pay to the plaintiff interest on the Judgment sum pursuant to s 100 of the Civil Procedure Act 2005 (NSW) from 9 November 2018 to date being $25,529.24.