10 Aug 2011
HILL V BLUEGUM HC TAU CIV-2008-470-455
- Citation
- openlaw-bb0a9943_09ca_420a_a564_1c2b1ca52817.pdf
- Court
- High Court
The court found on the balance of probabilities that the oral agreement in 1967 was made and enforceable by reason of part performance/equitable estoppel (the Bluegums moved and performed in reliance) and, alternatively, that a resulting trust arose in favour of the defendant because he paid the outstanding purchase price and all outgoings; the court declared the defendant beneficial owner of the half share and ordered transfer of title.