Macpherson & Anor v Macpherson

The parties to this proceeding before the High Court of Australia were Peter Alexander Gordon Macpherson and Ruth Anne Macpherson (applicants), and John Malcolm Campbell Macpherson and Leonie Macpherson (respondents). The dispute concerned the beneficial ownership of farming land, which had been purchased in the names of the two brothers. The land was originally part of a larger estate left by the brothers' father to their mother for life, with the remainder to be divided among his four children, including the two brothers. The brothers subsequently conducted farming activities on the land, initially together and later as a partnership that included their wives.

The central legal issue before the High Court was whether the farming land, some of which was registered in the name of the elder brother and some in the name of the younger brother, was held on trust equally between the two brothers, as determined by the trial judge. The trial judge had found an implied trust based on a common intention and understanding of equal beneficial interest in the properties. However, the High Court questioned this finding, particularly in light of the fact that the brothers had conducted farming activities and entered into a partnership concerning the land.

During the hearing, the Court raised the point that if the land were partnership property, there would be no necessity to establish trusts or equities. The applicants' counsel argued that the parties' conduct strongly indicated an intention to act equally between them, and that principles derived from cases such as *Harvey v Harvey* supported the conclusion that the land was partnership property. The Court noted that the partnership had made payments towards the land, further suggesting it was partnership property.