Faraday v Rappaport

In the matter of Faraday v Rappaport, the plaintiff sought to establish a beneficial interest in properties located in New South Wales and Queensland, which were held by a third party on trust for the first and second defendants. The plaintiff's claim arose from an alleged agreement with the first defendant to invest in property, but the plaintiff did not reach an agreement with the defendant that they would have any defined beneficial interest in the properties. The case before the court involved determining whether the plaintiff was entitled to a beneficial interest in the properties in question and whether there was an agreement that created legal relations between the plaintiff and the defendant regarding the transfer of property upon the defendant's death.

The court considered whether the plaintiff and the first defendant had intended to create legal relations regarding the beneficial interest in the properties, in accordance with the statutory requirements under the Conveyancing Act 1991 (NSW) and the Property Law Act 1974 (Qld). The court also examined whether the plaintiff's contributions to the first defendant were intended as a gift or an investment, and whether the plaintiff had any claim for the return of moneys and goods given to the defendant for safekeeping. The court found that there was no evidence of the parties' intention to create legal relations regarding the beneficial interest in the properties, and that the plaintiff's contributions were made as a gift. Furthermore, the court held that the plaintiff's claim for the return of moneys and goods was statute-barred under the Limitation Act 1969 (NSW).

In conclusion, the court found that the plaintiff was not entitled to a beneficial interest in the properties held by the third defendant, and that the plaintiff's claim for the return of moneys and goods was statute-barred. The court dismissed the plaintiff's claims in their entirety.