Kehagiadis v Constantinidis

In *Kehagiadis v Constantinidis*, the Supreme Court of Victoria considered a dispute between two individuals concerning the ownership of a property located at 14-16 Smith Street, Fitzroy. The plaintiff, Mr. Kehagiadis, sought a declaration that he was the sole beneficial owner of the property, while the defendant, Ms. Constantinidis, contended that she held a beneficial interest in the property.

The central legal issue before the Court was whether the property, registered solely in the name of the plaintiff, was held by him on trust for himself and the defendant in equal shares, or solely for himself. This required the Court to determine the true nature of the beneficial ownership of the property, given the differing claims of the parties.

Judge Manousaridis found that the evidence did not establish a common intention that the defendant would have a beneficial interest in the property at the time of its acquisition or thereafter. The Court applied the principles governing resulting and constructive trusts, noting that the onus was on the defendant to prove a beneficial interest. The Court concluded that the defendant had failed to discharge this onus, and therefore, the plaintiff was the sole beneficial owner of the property.