Hui v Lane

Hui (the applicant) sought special leave to appeal to the High Court of Australia from a decision of the Court of Appeal of the Supreme Court of New South Wales. The dispute concerned the applicant's entitlement to a share of the proceeds of sale of a property located at 140 Victoria Road, Drummoyne, New South Wales. The applicant claimed that the respondent, Lane, held the property on trust for the applicant and others, or alternatively, that the applicant was entitled to a share of the proceeds by way of a resulting or constructive trust.

The High Court was required to determine whether the applicant had established a sufficient proprietary interest in the property to warrant special leave to appeal. Specifically, the court considered whether the applicant had demonstrated an arguable case that the respondent held the property subject to a trust in favour of the applicant, or that the applicant was otherwise entitled to a share of the sale proceeds.

The High Court refused special leave to appeal. Gleeson CJ and Hayne J were of the view that the applicant had not demonstrated an arguable case of error in the decision of the Court of Appeal. Their Honours noted that the applicant's claim was based on an assertion that the respondent had acknowledged a beneficial interest in the property, but that the evidence did not support the existence of a trust or any other proprietary right that would entitle the applicant to a share of the proceeds. The court found that the applicant had failed to establish that the Court of Appeal had erred in law or fact in its determination.