Essay | Constructive Trusts in Australia

c) Original Acquisition of Proprietary Interests

i) Constructive Trusts

Acquire equitable interest in property of another person, unintended by the parties.

A constructive trust prevent a person from unconscionable use of his legal title by asserting it to defeat a beneficial interest in property

(1) he has agreed to or promised; or

(2) common intention of the parties that the plaintiff should have, in return for benefits to be provided by, and in fact obtained from, the plaintiff in connection with their joint use or occupation of the property. Ogilvie v Ryan

(must be a conferral and acceptance of benefit and a common intention)

a) Examination of resulting trusts:

Where a person purchases property and puts title in another person who provides no consideration, there is a presumption of a resulting trust

1. Presumed the transferee holds on trust for the person providing the purchase money.
2. This presumption...
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