NSW Caselaw
New South Wales Supreme Court
CITATION : Thompson v Leigh [2006] NSWSC 540
HEARING DATE(S) : 13/06/06
JUDGMENT DATE : 30 June 2006
JURISDICTION : Equity Division
JUDGMENT OF : White J
EX TEMPORE JUDGMENT DATE : 06/30/2006
DECISION : Direct the parties to bring in short minutes of order in accordance with these reasons.
CATCHWORDS : EQUITY – Trusts and trustees – Resulting trusts – Constructive trusts – Director of trustee of unit trust bought properties in his own name intending them to be acquired for his superannuation funds – Properties acquired with 100% finance – Superannuation funds unable to borrow – Director and superannuation funds held units in the unit trust – Loans made to trustee, the director and director's wife jointly – Trustee of unit trust derived all income and paid all mortgage and other expenses – No declaration of trust – Director later made bankrupt – Whether properties held by director on trust for trustee of unit trust – Whether resulting trust or "common intention" constructive trust – Held trustee of unit trust entitled under resulting trust to a one-third beneficial interest in properties and entitled to contribution secured by charge.
LEGISLATION CITED : Superannuation Industry (Supervision) Act 1993 (Cth)
Sonenco (No. 77) Pty Ltd v Sylvia (1989) 24 FCR 105 Parsons v McBain (2001) 109 FCR 120 Martin v Martin (1959) 110 CLR 297 Calverley v Green (1984) 155 CLR 242 Currie v Hamilton [1984] 1 NSWLR 687 Black Uhlans Inc v New South Wales Crime Commission & Ors [2002] NSWSC 1060 Mercier v Mercier [1903] 2 Ch 98 Ingram v Ingram [1941] VLR 95 Calverley v Green at 247 Brown v Brown (1993) 31 NSWLR 582 CASES CITED : Nelson v Nelson (1995) 184 CLR 538 Burns v Burns Gissing v Gissing [1971] AC 886 Grant v Edwards [1986] Ch 638 Green v Green (1989) 17 NSWLR 343 Lee v Dickerson [1884] 15 QBD 60 Forgeard v Shanahan (1994) 35 NSWLR 206 Shephard v Cartwright [1955] AC 431 Charles Marshall Pty Ltd v Grimsley (1956) 95 CLR 353 Maharaj v Chand [1986] AC 898 Shepherd v Doolan [2005] NSWSC 42
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