Recent Cases

Joudo v Joudo [2024] NSWCA 258 (30 October 2024) (Bell CJ, Gleeson and Stern JJA)


Catchwords:


EQUITY – trusts and trustees – constructive trusts – joint endeavour – where both parties had contributed to costs of the construction of a house purchased in the name of one party – where that party did not reside in the house – where the basis for contemplated arrangement that the other parties and their children would continue to live in the house was removed on the legal owner falling into financial difficulties – whether unconscionable for the legal owner to retain the benefit of contributions made by the other parties and the rise in the value of the house where this was not intended.