Pham v Doan [2005] NSWSC 601

Pham v Doan [2005] NSWSC 601

Because the partnership was illegal under the Pharmacy Act 1964, the court would not recognise or grant relief based on the existence of the partnership, and there was no sufficient contribution to the purchase money from the plaintiff to support a resulting trust regarding either property.

Jurisdiction
Australia
Judgment Date
24 June 2005
Procedural Posture
Civil / Judgment
Outcome
Judgment for defendant on plaintiff's claims. Judgment for plaintiff/cross-defendant on the cross-claim. No order as to costs.
Legal Topics
['illegal Contracts' 'resulting Trust' 'partnerships' 'pharmacy Act Compliance']
['contract Law' 'equity'] ['illegal Contracts' 'resulting Trust' 'partnerships' 'pharmacy Act Compliance']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether a resulting trust may be recognised where an illegal partnership provides part of purchase money and of partnership property' 'Whether the Pharmacy Act 1964 precludes relief recognising the existence of the partnership']

Ratio Decidendi

Because the partnership was illegal under the Pharmacy Act 1964, the court would not recognise or grant relief based on the existence of the partnership, and there was no sufficient contribution to the purchase money from the plaintiff to support a resulting trust regarding either property.

Court Disposition

Judgment for defendant on plaintiff's claims. Judgment for plaintiff/cross-defendant on the cross-claim. No order as to costs.

Orders

  • ["Judgment for the defendant on the plaintiff's claim." 'Judgment for the plaintiff/cross-defendant on the cross-claim.' 'No order as to costs.']