Express Trust

This category contains 4 posts

Reconstructive memories

Families are complicated.  Family agreements and arrangements all the more so.  Almond v Read highlights the consequences of family arrangements that are not recorded in writing.  The background facts are not disputed.  Ms Almond purchased land in Drury.  Two dwellings were built on the Drury property (the Property), one was occupied by Ms Almond and … Continue reading

Ink vs litigation

On first glance Almond v Read, appears to have it all.  Arguments were made relating to the parties common intention, a constructive trust and breaches of fiduciary duty in the context of family owned land that was acquired with best of intentions.  However, over time, different parties adopted different views of the basis upon which a … Continue reading

Common intention constructive trust deconstructed

The common intention constructive trust is a rare beast.  Its remedial potential had a brief moment of sun until the Court of Appeal delivered its decision in Harvey v Beveridge. The facts of Harvey v Beveridge can be summarised as follows: Mr Beveridge was befriended by Dr Byrd who provided him with a home in a … Continue reading

Express trust alleged to protect deposits

Designing a kitchen takes time and effort.  And about a billion magzines.  You finally get it nutted down.  Kitchen professional is chosen, design finalised, deposit paid.  At this point thoughts of trusts are as far from your mind as possible, your mind being full of composite vs granite.  Will marble really stain that badly (ah … Continue reading