Karbines and Karbines and Anor

In the matter of *Karbines and Karbines and Anor*, Dawe J considered a dispute involving the husband and wife, the intervener C Pty Ltd (In Liquidation), and the Queensland property. The core of the dispute concerned the extent to which the husband and wife held the Queensland property on constructive trust for C Pty Ltd (In Liquidation).

The court was required to determine whether a constructive trust existed over the Queensland property in favour of C Pty Ltd (In Liquidation) and, if so, to what extent. This involved assessing the nature of the parties' dealings and the equitable interests arising from them.

Dawe J reasoned that the husband and wife held the Queensland property on constructive trust for C Pty Ltd (In Liquidation) to the extent of $65,301.00. The court ordered that if this sum was not paid by 30 June 2008, the liquidator of C Pty Ltd (In Liquidation) was entitled to sell the property. The proceeds of sale were to be applied first to the costs of sale, then to the Commonwealth Bank mortgage, followed by the $65,301.00 due to C Pty Ltd (In Liquidation), with any remaining balance to be held in trust pending further court orders.