Site icon Caveats Victoria

Blog 60. De facto partner v former wife – No constructive trust.

Seaborne v Lester & Anor [2022] VSC 52, Irving AsJ (17 February 2022)

The facts were –

Irving AsJ held –

  1. There was no serious question to be tried of the trust alleged. At its highest, the first defendant had asserted a debt of $200,000 owed by Lester under the 2020 orders.  The assertion that the plaintiff held an interest in the Unit on trust for Lester, inferred from the relationship between the plaintiff and Lester and the purchase price, was unsubstantiated.   Even assuming the plaintiff held an interest on trust for Lester this would not give the first defendant an interest in the Unit. [48]-[50], [53]
  2. There was no serious question to be tried that the first defendant had an interest in the Unit via a remedial constructive trust based on the first defendant’s (unsubstantiated) historical financial and non-financial contributions to the property, she having transferred her interest in the Unit to Lester on the payment of $750,000. [51], [53]
  3. The balance of convenience favoured removal of the caveat. The claim for $200,000 could be met by an award of damages, was modest when compared with the value of the Unit, and Lester was not the registered proprietor. [54]-[55]

Philip H. Barton

          Owen Dixon Chambers West

        Tuesday, October 18, 2022

Exit mobile version