Juratowitch (as trustee of the Bankrupt Estates of Parolin and Parolin) v Parolin

This matter concerned an application by the trustee of the bankrupt estates of Mr and Mrs Parolin for an order that certain property, registered in the name of Mr Parolin, was held by him on trust for the bankrupt estates. The trustee sought to have the property vested in the trustee. The application was heard in the Federal Court of Australia.

The primary legal issue before the court was whether Mr Parolin held the property in question on trust for the bankrupt estates, or whether he held it beneficially. This involved an examination of the circumstances surrounding the acquisition and registration of the property, and whether the intention of the parties at the time of acquisition was to create a trust.

Judge Hartnett found that the evidence did not establish that Mr Parolin held the property on trust for the bankrupt estates. His Honour considered the relevant principles of resulting and express trusts, and concluded that the onus was on the trustee to prove the existence of a trust. The evidence presented did not satisfy this onus, and therefore the application was dismissed.