Leslie Joseph Kerney v Kerry Lewis

Leslie Joseph Kerney (the appellant) appealed to the Full Court of the Supreme Court of Western Australia against a decision of a single judge. The dispute concerned the appellant's entitlement to a share of the proceeds of sale of a property located at 14A North Beach Road, Trigg, Western Australia. The respondent, Kerry Lewis, was the registered proprietor of the property.

The Full Court was required to determine whether the primary judge erred in finding that the appellant had not established a beneficial interest in the property. Specifically, the court considered whether the evidence supported the appellant's claim that he had contributed to the purchase price of the property and that there was a common intention that he would have a beneficial interest in it, or whether the contributions were made by way of a loan.

The Full Court upheld the primary judge's findings. It reasoned that the appellant's contributions to the property were made by way of a loan, not as an investment to acquire a beneficial interest. The court found that the evidence did not establish a common intention that the appellant would have a proprietary interest in the property. Instead, the arrangement was consistent with a loan facility provided by the appellant to the respondent. The principles of resulting and constructive trusts were considered, but the court concluded that the appellant had not discharged the onus of proving the necessary elements for either to arise.

The appeal was dismissed.