Hughes v Hughes

In *Hughes v Hughes* [1989] NSWCA 102, the New South Wales Court of Appeal considered a dispute between a father and his son concerning the ownership of certain shares. The son claimed that the shares, which were registered in the father's name, were beneficially owned by him.

The central legal issue before the Court of Appeal was whether the son had established a resulting trust over the shares. This required the court to determine if the presumption of advancement, which typically arises when a father transfers property to his son, had been rebutted by evidence demonstrating the father's intention to retain beneficial ownership.

The Court of Appeal found that the evidence did not support the son's claim. It applied the principles relating to resulting trusts and the presumption of advancement, noting that the presumption could be rebutted by clear evidence of the father's intention. In this instance, the court was not satisfied that the son had discharged the onus of proving that the father had intended to hold the shares on trust for him.

The appeal was dismissed, and the orders of the primary judge were affirmed.