Harvey v Harvey

The case involved a dispute between Harvey and Harvey, where the father had constructed a house on his son's land. The central issue was whether a common intention existed that the father should hold an interest in the son's property. The dispute was heard in the Supreme Court of New South Wales. The legal issues that the court needed to address included the nature of the common intention, whether such an intention existed, and if so, what the implications were for the distribution of the property. The court examined the circumstances under which the house was built and the relationship between the parties to determine if there was an implied agreement or understanding that the father would have an interest in the land.

The court focused on the evidence presented regarding the father's contributions to the construction of the house and the son's acceptance of those contributions. The court applied principles of equity, particularly those relating to constructive trusts, to assess whether the father's actions and the son's acquiescence amounted to a common intention that would result in the father holding an interest in the property. The court concluded that the father's significant contributions to the construction of the house, along with the son's acceptance of those contributions, indicated a common intention that the father should have an interest in the property. The court found that a constructive trust should be imposed on the property in favour of the father's estate.

Based on the findings, the court ordered that the property be held on trust for the father's estate, reflecting the common intention that he should have an interest in the land. This decision underscored the importance of the circumstances surrounding the construction of the house and the relationship between the parties in determining the existence of a common intention. The court's ruling ensured that the father's contributions were recognised and appropriately compensated through the imposition of a constructive trust.