Lucas v Lucas [2018] NSWSC 962

Lucas v Lucas [2018] NSWSC 962

The Plaintiff's contributions toward the purchase price (deposit and balance) of the property, made with the knowledge and concurrence of the Defendant and not intended as a gift or loan, gave rise to a resulting trust despite the presumption of advancement being weak and rebutted in the present circumstances. The Plaintiff is entitled to a 21.7% beneficial interest in the property, proportionate to his contributions.

Jurisdiction
Australia
Judgment Date
28 June 2018
Procedural Posture
Equity Proceedings / Principal Judgment
Outcome
Declaration that the Defendant holds the property in trust for the Plaintiff to the extent of a 21.7% beneficial interest. Directions made for parties to file and serve agreed or proposed short minutes for additional orders. Costs to Plaintiff, subject to further submissions.
Legal Topics
['trusts' 'resulting Trust' 'presumption of Advancement' 'ownership of Real Property' 'beneficial Interest']
['equity'] ['trusts' 'resulting Trust' 'presumption of Advancement' 'ownership of Real Property' 'beneficial Interest']

Case Brief

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Procedural Posture

Equity Proceedings / Principal Judgment

Legal Issues

  1. 1 ['Whether contributions by the father to the acquisition of property by his son gave rise to a resulting trust' 'Whether an express trust was created in favour of the plaintiff' 'The effect of the presumption of advancement in the circumstances']

Ratio Decidendi

The Plaintiff's contributions toward the purchase price (deposit and balance) of the property, made with the knowledge and concurrence of the Defendant and not intended as a gift or loan, gave rise to a resulting trust despite the presumption of advancement being weak and rebutted in the present circumstances. The Plaintiff is entitled to a 21.7% beneficial interest in the property, proportionate to his contributions.

Court Disposition

Declaration that the Defendant holds the property in trust for the Plaintiff to the extent of a 21.7% beneficial interest. Directions made for parties to file and serve agreed or proposed short minutes for additional orders. Costs to Plaintiff, subject to further submissions.

Orders

  • ['Declare that the Defendant holds his interest as registered proprietor of the fee simple estate in the property at XXX Parker Street, Kingswood, New South Wales, being the land in folio identifier 24/247948 in trust for the Plaintiff to the extent of a 21.7 per cent beneficial interest in the property.' 'Direct...