French v Bremner

The appeal concerned a dispute between Mr French and Dr Bremner regarding alleged oral contracts relating to a joint venture to exploit inventions and rural properties, and a cross-appeal concerning the beneficial ownership of certain rural lands. The primary judge had rejected the claims in contract and found that the presumption of a resulting trust over the rural lands was rebutted. The Court of Appeal, comprising Meagher, Leeming and White JJA, considered whether the primary judge had erred in these findings.

The legal issues before the Court of Appeal were whether the primary judge had made an error in rejecting Mr French's claims based on alleged oral contracts, and whether the primary judge had erred in finding that the presumption of a resulting trust was rebutted in relation to the rural properties purchased by the cross-appellant and placed in joint names or in the sole name of another party. The court also considered whether an equitable claim for partnership or breach of fiduciary duty, which had been renounced by senior counsel at trial, should have been addressed by the primary judge.

The Court of Appeal found no error in the primary judge's rejection of the oral contracts, noting that no claim in equity for partnership or breach of fiduciary duty was advanced at trial. Regarding the rural properties, the court held that the primary judge's finding that the presumption of a resulting trust was rebutted was supported by testimonial evidence from the cross-respondents and documentary evidence, despite the cross-appellant not giving evidence. The court also noted that one cross-respondent was not cross-examined on her evidence of beneficial ownership.

The Court of Appeal allowed Mr French's appeal in part, setting aside an order concerning the award of interest, but otherwise dismissed the appeal and the cross-appeal. The court proposed to enter judgment against Mr French on Dr Bremner's cross-appeal for a principal sum of $3,148,718 plus interest at 5%. The court also refused leave to extend time for an appeal against the dismissal of proceedings brought by Dr Bremner against Ms Bakey, and dismissed the cross-appeal insofar as it was brought against her. Orders were made regarding the payment of costs and the parties were directed to supply agreed or contended calculations for the interest amount.