Gabini & Gabini

This case involved an appeal by the husband against an order of the Family Court of Western Australia in relation to the property settlement between him and the wife. The husband appealed against the orders that found the wife held a beneficial interest in two properties by way of a common intention constructive trust. The wife sought the appeal be dismissed. The appeal was of a narrow compass, as the only issue on appeal was whether the trial judge was correct in finding that the wife held a beneficial interest in two properties. The court held that the trial judge’s finding that there was a common intention for the wife to hold the property on trust for herself and her mother equally was supported by the evidence. In relation to the second property, the court found that the evidence supported a finding that there was a common intention at the time of purchase that the wife’s share was held on behalf of her parents. The court held that the husband’s appeal should be dismissed and that the husband should pay the wife’s costs.