Le v Le

The plaintiff, Le, sought to establish a constructive trust over a property in dispute with the defendant, Le, his step-father's widow. The plaintiff alleged that he had an oral agreement with his deceased step-father whereby the latter agreed to give him $100,000 to assist with the purchase of the property and to purchase the property to be held on trust for him. The deceased step-father had passed away intestate, leaving his estate to his widow, the defendant. The plaintiff claimed that the alleged oral agreements were made on the balance of probabilities and that a common intention constructive trust should be imposed on the property.

The court was required to determine whether the plaintiff had established the existence of the alleged oral agreements on the balance of probabilities and whether, if such agreements were found to exist, a common intention constructive trust should be imposed. The court considered the evidence provided by the plaintiff and found that the alleged oral agreements were not made out on the balance of probabilities. The court held that the plaintiff had not discharged the onus of proof and that the common intention constructive trust was not established. Consequently, the plaintiff's claim was dismissed.

The court did not make any further orders beyond dismissing the plaintiff's claim. The property remained in the ownership of the defendant, the widow of the deceased step-father. The court held that the plaintiff had failed to establish the existence of the alleged oral agreements and that, as a result, the common intention constructive trust could not be imposed. The court's decision was based on the evidence presented and the applicable legal principles governing constructive trusts.