Malpass & Mayson

Malpass & Mayson concerned a dispute between the parties over the ownership of a property. The case was heard by Nicholson CJ, Murray and Kay JJ in the Supreme Court of Western Australia.

The central legal issue before the Court was whether the appellant, Malpass, had acquired a proprietary interest in the subject property through a resulting trust, or alternatively, whether the respondent, Mayson, held the property on constructive trust for Malpass. This involved an examination of the contributions made by each party to the acquisition and improvement of the property, and the intentions of the parties at the time of purchase.

The Court considered the principles of resulting and constructive trusts, particularly in the context of de facto relationships and contributions to property. It analysed the evidence regarding the financial contributions made by Malpass towards the purchase price and subsequent improvements to the property, as well as the circumstances surrounding the registration of the property solely in Mayson's name. The Court applied established legal principles to determine whether these facts gave rise to a beneficial interest for Malpass.

The Court ultimately found that Malpass had established a beneficial interest in the property and made orders accordingly.