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United Kingdom common intention constructive trusts

Marr v Collie

[2017] UKPC 17
JurisdictionUnited Kingdom
CourtPrivy Council
Year2017
StatusPersuasive authority

Summary

Privy Council applied Stack v Dowden and Jones v Kernott common intention constructive trust principles to determine beneficial interests of a same-sex couple in jointly acquired properties.

Key Principle

common intention constructive trust; Stack v Dowden and Jones v Kernott principles applied to same-sex couple

Area of Law

property

Related Cases

Zheng v Cai (2009) 239 CLR 446

In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22

Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance) [2003] HCA 57

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

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