Michel Fahmy Aziz Guirguis (by his tutor Laila Guirguis) v Oliga Aziz Girgis

The appeal concerned a dispute over beneficial ownership of properties purchased in the name of the respondent, Oliga Aziz Girgis, by the appellant, Michel Fahmy Aziz Guirguis, acting under a power of attorney. The appellant sought to establish that he was the beneficial owner of these properties, despite their legal title being held by the respondent. The matter was heard in the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether the appellant had contributed to the purchase price of the properties and whether he had manifested an intention inconsistent with the respondent being the beneficial owner. These issues were critical to determining whether a resulting trust arose in favour of the appellant.

The Court of Appeal found that the appellant had not established a resulting trust. It reasoned that the appellant had provided the respondent with a will to sign, which clearly acknowledged her beneficial ownership of the properties. Furthermore, the appellant had submitted tax returns on behalf of the respondent, which were not filed as trustee returns, further indicating an intention that the respondent was the beneficial owner. The court applied the principles relating to resulting trusts, particularly the presumption of advancement and the intention of the parties at the time of purchase.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.