Vytas Karpavicius & Anor v John Waites
The court found that the provision of purchase monies by Mr Waites, despite being labelled as a loan for stamp duty purposes, gave rise to a resulting trust in his favour. The doctrine of illegality, as clarified in Patel v Mirza, did not bar enforcement of the resulting trust, as denial of the claim would be disproportionate and not serve the public interest, especially since the correct stamp duty was paid and all parties were aware of the arrangement.
Source excerpt
- Resulting trusts
- Illegality doctrine
- Stamp duty avoidance
- Presumption of advancement