Lam v Luu (No 2)

The matter before the court involved a dispute between Lam and Luu over the ownership of a property and the terms of a joint venture. Lam sought to enforce a resulting trust or constructive trust over the property, claiming Luu had agreed to contribute $50,000 but failed to do so. The court was required to determine whether a resulting or constructive trust arose from the agreement, whether the contribution was made, and if Luu was entitled to purchase the property herself upon the failure of the contribution.

The court examined the terms of the agreement between the parties, including the obligations and rights of each party. It considered the evidence of the contributions made by both parties and the circumstances surrounding the failure to contribute. The court found that the agreement did not give rise to a resulting trust or constructive trust. It held that the terms of the agreement were not clear and unambiguous, and there was no evidence of an intention to create a trust. The court also found that Lam had not proven that Luu had failed to make the agreed contribution. The court held that Luu was not entitled to purchase the property herself upon the failure of the contribution.

The court dismissed Lam's claims and ordered that the property be held on trust for both parties in equal shares. The court found that Lam and Luu had an equal beneficial interest in the property, and there was no basis for a resulting or constructive trust. The court also found that there was no evidence to support a claim that Luu was entitled to purchase the property herself. The court ordered that the property be sold and the proceeds distributed equally between Lam and Luu.