Equity & Trusts 70517
H. Uncoscionable Assertion/Retention or Denial of a Beneficial Interests
in Property
It has been recognised in England that upon the failure of a partnership or joint venture,
the partners or joint venturers are entitled to repayment of their contributions subject to a
contrary intention or agreement:
Atwood v Maude
(1868) LR Ch App 369.
Topic 11 - Constructive Trusts
Equity & Trusts 70517
Muschinski v. Dodds (1985)
160 CLR 583:
Topic 11 - Constructive Trusts
Equity & Trusts 70517
Baumgartner v. Baumgartner
(1987) 164 CLR 137:
FACTS: the de facto wife claimed that she owned a beneficial interest in half of a
property purchased during the course of a relationship in the husband’s name.
He had
said that it was purchased for both to enjoy.
A child born during the relationship required
the wife to stop working for 3 months but apart from that she worked and contributed to
the running of the household.
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