Jeffrey-Potts v Garel [2012] VSC 237 (22 June 2012)

http://www.austlii.edu.au/au/cases/vic/VSC/2012/237.html

CONTRACT – Existence of interest-free loan agreements – Limited documentary evidence – Note recording a loan agreement signed by both parties – Whether loan agreement was incomplete or uncertain – Repayments of loans made irregularly – Burden of persuasion on defendant.

TRUSTS – Existence of an express trust – Intention to create a trust.

EQUITY AND TRUSTS – Resulting trust – Contributions to purchase price – Calverley v Green [1984] HCA 81; (1984) 155 CLR 242.

EQUITY AND TRUSTS – Common intention constructive trust – Property acquired in course of mother/surrogate son type relationship – Property held in the name of one party – No common intention to create trust.

EQUITY AND TRUSTS – Remedial constructive trust – Existence of joint endeavour – Muschinski v Dodds [1985] HCA 78; (1985) 160 CLR 583 and Baumgartner v Baumgartner [1987] HCA 59; (1987) 164 CLR 137 – Provision of funds for the purchase of the properties by both parties – Non-financial contributions made by both parties – Pooling of funds for payment of properties — Whether unconscionable to allow one party to assert sole title – Quantification of contributions of parties – Adjustments to be made.

EQUITY AND TRUSTS – Applicability of the doctrine of laches.

PROPERTY – Lodging of caveats – whether reasonable cause to lodge caveats existed.

PRACTICE AND PROCEDURE – Admissibility of evidence after conclusion of trial.