Le v Le [2023] NSWSC 622

Le v Le [2023] NSWSC 622

The plaintiff failed to prove on the balance of probabilities that the alleged oral agreements or alleged common intention were formed. The Court did not accept the plaintiff's and Stephanie Luu's evidence on the critical conversations, found no contemporaneous documentary support for the alleged trust arrangement, and accepted evidence that the defendant contributed at least $100,000 toward the acquisition. Because the factual foundation was not established, the common intention constructive trust and equitable charge claims failed, and the resulting trust claim failed because the plaintiff did not contribute the alleged $100,000 purchase funds.

Jurisdiction
Australia
Judgment Date
13 June 2023
Procedural Posture
Equity Proceedings Seeking Declarations and Equitable Relief Concerning Alleged Beneficial Ownership of Real Property / Principal Judgment After Final Hearing
Outcome
Proceedings dismissed with costs; plaintiff ordered to withdraw caveat AQ418410.
Legal Topics
['common Intention Constructive Trust' 'oral Agreements' 'equitable Charge' 'resulting Trust' 'caveat Over Land' 'assessment of Witness Credibility' 'civil Standard of Proof']
['equity' 'trusts' 'property Law' 'evidence'] ['common Intention Constructive Trust' 'oral Agreements' 'equitable Charge' 'resulting Trust' 'caveat Over Land' 'assessment of Witness Credibility' 'civil Standard of Proof']

Case Brief

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Procedural Posture

Equity Proceedings Seeking Declarations and Equitable Relief Concerning Alleged Beneficial Ownership of Real Property / Principal Judgment After Final Hearing

Legal Issues

  1. 1 ["Whether the deceased and the plaintiff made oral agreements that the deceased would give the plaintiff $100,000 to assist with purchasing a property and would purchase 20 Garden Street, Mount Pritchard to be held for the plaintiff's benefit." 'Whether a common intention constructive trust arose over the Property in favour of the plaintiff.' 'Whether the plaintiff was entitled to an equitable charge or resulting trust in the alternative.' 'Whether the plaintiff should be required to withdraw caveat AQ418410.']

Ratio Decidendi

The plaintiff failed to prove on the balance of probabilities that the alleged oral agreements or alleged common intention were formed. The Court did not accept the plaintiff's and Stephanie Luu's evidence on the critical conversations, found no contemporaneous documentary support for the alleged trust arrangement, and accepted evidence that the defendant contributed at least $100,000 toward the acquisition. Because the factual foundation was not established, the common intention constructive trust and equitable charge claims failed, and the resulting trust claim failed because the plaintiff did not contribute the alleged $100,000 purchase funds.

Court Disposition

Proceedings dismissed with costs; plaintiff ordered to withdraw caveat AQ418410.

Orders

  • ['The proceedings are dismissed.' 'The plaintiff must withdraw caveat AQ418410 within 28 days.' "The plaintiff must pay the first defendant's costs of the proceedings."]