Miner and Gilchrist and Anor

In the matter of *Miner and Gilchrist and Anor*, Justice Le Poer Trench considered a dispute concerning beneficial interests in property and the resulting proceeds of sale. Mr Miner sought declarations that the husband held a half interest in a property at M upon trust for him, and that the husband and wife held the proceeds of sale of that property upon trust for him.

The court was required to determine the nature of the beneficial ownership of the property at M and the extent to which the husband and wife were indebted to Mr Miner for the proceeds derived from its sale. Further, the court needed to address the disposition of funds held in a controlled money account representing the balance of proceeds from the sale of another property at B, and the outstanding liabilities of the husband and wife to Mr Miner.

Justice Le Poer Trench declared that the husband held a one-half interest in the M property on trust for Mr Miner from late 1997 until its sale in August 2003, and thereafter held $334,078 on trust for Mr Miner. The court further declared that the husband and wife held $277,651 from the sale of the M property on trust for Mr Miner, and that they were jointly and severally indebted to Mr Miner for this sum, plus interest. Additionally, the husband was declared indebted to Mr Miner for a further $56,427, plus interest. In partial satisfaction of these liabilities, the husband and wife were ordered to pay the balance of the proceeds from the sale of the B property, held in a controlled money account, to Mr Miner. The court noted Mr Miner's intention not to pursue further recovery after this payment, subject to costs. Finally, proceedings between the husband and wife under section 79 of the *Family Law Act 1975* (Cth) were listed for further mention.