Bulled & Anor v Petrie & Anor

Bulled & Anor v Petrie & Anor

The evidence, including contemporaneous stock transfer forms and circumstances of the KSF facility discharge, established that Mr Petrie acquired 100% interest in the Brentwood Site via transfer of all shares in Chigwell, not a 50% joint venture. No arrangement or understanding meeting Pallant v Morgan requirements for constructive trust was found regarding Brentwood Site. However, Chigwell holds the Hornchurch Site on trust for Mr Bulled, as Mr Petrie had no agreement or intention regarding that property.

Parties
First Claimant: Stephen John Bulled; Second Claimant: Shirley Bulled; First Defendant: Anthony Petrie; Second Defendant: S & B Developments (Chigwell) Limited
Jurisdiction
England and Wales
Judgment Date
17 September 2020
Procedural Posture
Civil / Final Judgment
Outcome
Claimants' claims regarding Brentwood Site and Chigwell shares dismissed; declaration granted that Chigwell holds Hornchurch Site on trust for Mr Bulled.
Legal Topics
Constructive Trust, Beneficial Ownership, Partnership, Corporate Share Transfer, Joint Venture, Proprietary Estoppel
Property Law Equity Trusts Company Law Constructive Trust Beneficial Ownership Partnership Corporate Share Transfer +2 more

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Parties

Stephen John Bulled

First Claimant

Shirley Bulled

Second Claimant

Anthony Petrie

First Defendant

S & B Developments (Chigwell) Limited

Second Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Nature and terms of the 2008 oral agreement between Mr Bulled and Mr Petrie
  2. 2 Whether a constructive trust arose over Brentwood and Hornchurch Sites
  3. 3 Whether the arrangements constituted a partnership

Ratio Decidendi

The evidence, including contemporaneous stock transfer forms and circumstances of the KSF facility discharge, established that Mr Petrie acquired 100% interest in the Brentwood Site via transfer of all shares in Chigwell, not a 50% joint venture. No arrangement or understanding meeting Pallant v Morgan requirements for constructive trust was found regarding Brentwood Site. However, Chigwell holds the Hornchurch Site on trust for Mr Bulled, as Mr Petrie had no agreement or intention regarding that property.

Court Disposition

Claimants' claims regarding Brentwood Site and Chigwell shares dismissed; declaration granted that Chigwell holds Hornchurch Site on trust for Mr Bulled.

Orders

  • Declaration that Chigwell holds Hornchurch Site (or proceeds thereof) on trust for Stephen John Bulled.
  • Counsel to prepare order to give effect to decision.