Australian Building & Technical Solutions Pty Limited v Boumelhem; Boral Australia Limited v Boumelhem; Boumelhem v Jones & Ors [2009] NSWSC 460

New South Wales Supreme Court

CITATION : Australian Building & Technical Solutions Pty Limited v Boumelhem; Boral Australia Limited v Boumelhem; Boumelhem v Jones & Ors [2009] NSWSC 460

HEARING DATE(S) : 7, 8 and 14 May 2009

JUDGMENT DATE : 29 May 2009

JURISDICTION : Equity Division

JUDGMENT OF : Ward J

DECISION : Resulting trust and equitable lien declared in favour of plaintiffs in 4401/08 ranking in priority to equitable charges of plaintiffs in 1648/08 and 4017/08

CATCHWORDS : EQUITY – trusts and trustees – resulting trusts – plaintiffs provided part of purchase price for property in son's name – whether presumption of advancement rebutted – whether presumption of resulting trust rebutted – held that presumption of advancement rebutted – presumption of resulting trust not rebutted – property held on resulting trust for plaintiffs to the extent of their contribution to the purchase price. - EQUITY – trusts and trustees – constructive trusts – whether plaintiffs entitled to relief applying Baumgartner v Baumgartner: whether parties engaged in joint venture - whether joint venture failed without attributable blame - whether unconscionable to deny entitlement of parents – alternatively, whether plaintiffs entitled to relief by reason of proprietary estoppel: whether plaintiffs, in making contributions to property, acted in detrimental reliance upon assumptions induced by legal owner of property – held entitled to relief on both bases - consideration of appropriate relief – whether other relief available – whether constructive trust would grant plaintiffs unfair priority over third party creditors – held appropriate relief provided by declaration of resulting trust in respect of contribution to purchase price and equitable lien securing additional contributions.