Hamed v Elddin

The case of *Hamed v Elddin* concerned an application for leave to appeal to the Court of Appeal of the Supreme Court of New South Wales. The applicant, Mr Hamed, sought to establish an equitable interest in certain premises. The dispute centred on whether Mr Hamed had made contributions to the purchase price of these premises in a manner that would give rise to a resulting trust in his favour.

The primary legal issue before the Court was whether the applicant had demonstrated sufficient evidence to establish an equitable interest in the premises. Specifically, the Court had to determine if the applicant had contributed to the purchase price in his own right and in the character of a purchaser, which would ordinarily trigger the presumption of a resulting trust.

The Court of Appeal dismissed the application for leave to appeal. Their Honours found no evidence that the applicant had contributed to the purchase price in his own right or that any contributions were made in the character of a purchaser. Consequently, the presumption of a resulting trust in favour of the applicant was not engaged. The Court ordered that the applicant pay the respondent’s costs of the application and directed that the applicant provide a copy of the judgment to his trustees in bankruptcy.