Harris v Thomas

The case of Harris v Thomas was heard in a court in Australia. Christine Thomas purchased a unit on the Gold Coast using money provided by her mother, Christine Harris. Harris sought to establish a resulting trust, arguing that the unit should be held in trust for her due to her financial contribution. Thomas argued that the presumption of a resulting trust was rebutted by evidence of Harris's intention to gift the money to her for the purpose of purchasing the unit.

The legal issue the court had to decide was whether the presumption of a resulting trust, in favour of the person providing the purchase money, is rebutted by evidence of their actual intention. The court considered the evidence presented by both parties, including witness statements and other documentation, to determine whether the presumption of a resulting trust could be rebutted.

The court found that Thomas had successfully rebutted the presumption of a resulting trust by presenting evidence of Harris's actual intention at the time she provided the money. The court was satisfied that Harris intended for Thomas to purchase the unit and hold both the legal and beneficial title to it, to divest herself of the asset and prevent her son, Tony, from gaining any entitlement to it. The court dismissed Harris's amended originating application.

The final order of the court was that the amended originating application was dismissed. The court will hear the parties regarding costs.