Painter v Hutchison & Anor

Painter v Hutchison & Anor

Mrs Painter is entitled to a declaration that she is the sole beneficial owner of 84 Deanway, as the declaration of trust was a sham and the provenance of the purchase money was solely from her and/or Mr Painter. Mr Hutchison has no beneficial interest in 84 Deanway. Claims for an account relating to pre-bankruptcy dealings must be pursued in bankruptcy; post-bankruptcy claims regarding the Pine Furniture business may be subject to an account.

Parties
Claimant: Beverley Painter; Defendant: Brian Hutchison; Defendant: CI Law Trustees Limited; Part 20 Claimant: Brian Hutchison; Part 20 Defendant: Ronald William Painter; Part 20 Defendant: Beverley Painter
Jurisdiction
England and Wales
Judgment Date
03 April 2007
Procedural Posture
Civil / Judgment
Outcome
Declaration granted; caution to be vacated; account to be considered for post-bankruptcy dealings.
Legal Topics
Beneficial Ownership, Resulting Trusts, Sham Trusts, Joint Venture, Bankruptcy Discharge, Account of Profits
Property Law Trusts Law Equity Bankruptcy Beneficial Ownership Resulting Trusts Sham Trusts Joint Venture +2 more

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Parties

Beverley Painter

Claimant

Brian Hutchison

Defendant

CI Law Trustees Limited

Defendant

Brian Hutchison

Part 20 Claimant

Ronald William Painter

Part 20 Defendant

Beverley Painter

Part 20 Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Who is the beneficial owner of 84 Deanway?
  2. 2 Were there joint venture agreements between Mr Painter and Mr Hutchison regarding the sofa business, properties, and cars?
  3. 3 Is the declaration of trust over 84 Deanway a sham?

Ratio Decidendi

Mrs Painter is entitled to a declaration that she is the sole beneficial owner of 84 Deanway, as the declaration of trust was a sham and the provenance of the purchase money was solely from her and/or Mr Painter. Mr Hutchison has no beneficial interest in 84 Deanway. Claims for an account relating to pre-bankruptcy dealings must be pursued in bankruptcy; post-bankruptcy claims regarding the Pine Furniture business may be subject to an account.

Court Disposition

Declaration granted; caution to be vacated; account to be considered for post-bankruptcy dealings.

Orders

  • Declare Mrs Painter as sole beneficial owner of 84 Deanway.
  • Order caution against title to be vacated.