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  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  HCA 78; (1985) 160 CLR 583 and Baumgartner v Baumgartner  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.