Jain v Amit Laundry Pty Ltd [2019] NSWCA 20

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Jain v Amit Laundry Pty Ltd [2019] NSWCA 20 Hearing dates: 28 August 2018 Decision date: 19 February 2019 Before: Bathurst CJ at [1]; Beazley P at [2]; White JA at [154] Decision: (1) Appeal dismissed.

(2) Cross-appeal dismissed.

(3) There be no order as to costs with the intent that each party pay its and his own costs.

(4) Note that order (3) also applies to Amit Jain. Catchwords: EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts — whether evidence of common intention as to allocation of beneficial interests rebutted presumption of resulting trust

EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts — presumption of resulting trust — whether mortgage repayments affect beneficial interests as between contributors — whether parties intended to acquire property burdened by mortgage or unburdened of all encumbrances — common intention

EQUITY — Trusts and trustees — Resulting trusts — where use of beneficial interest is subject to personal obligation or another beneficial interest — meaning of phrase "immediate and unconditional"

LAND LAW — Co-ownership — Rights between co-owners — right to possession Cases Cited: Bilson v Rogers [2008] NSWSC 469 Bloch v Bloch (1981) 180 CLR 390; [1981] HCA 56 Calverley v Green (1984) 155 CLR 242; [1984] HCA 81 Dullow v Dullow (1985) 3 NSWLR 531 Gissing v Gissing [1971] AC 886 Muschinski v Dodds (1982) 8 Fam LR 622 Muschinski v Dodds (1985) 160 CLR 583; [1985] HCA 78 Category: Principal judgment Parties: Rajil Jain (Appellant) Amit Laundry Pty Ltd (Respondent) Representation: Counsel: A T S Dawson SC; C Mitchell (Appellant) J E Thomson; M E Hall (Respondent)