Mullins v Kelly-Corbett

Mullins v Kelly-Corbett concerned a dispute between the parties regarding the ownership of a property. The case was heard by Gummow and Crennan JJ of the High Court of Australia.

The central legal issues before the High Court were whether the appellant had established a resulting trust over the property, and if so, whether the respondent had acquired title to the property free from any such trust. The court also considered the application of the principles of indefeasibility of title under the relevant Torrens system legislation.

The High Court examined the evidence concerning the contributions made by each party to the purchase of the property and the intentions of the parties at the time of acquisition. Their Honours applied established principles of equity regarding resulting trusts, which arise where property is transferred to one person but the purchase money is provided by another. The court also considered the scope of the indefeasibility provisions of the relevant land titles legislation, which generally protect registered proprietors from unregistered interests unless certain exceptions apply.

The High Court dismissed the appeal, finding that the appellant had not discharged the onus of proving the existence of a resulting trust. Consequently, the respondent's registered title to the property was upheld.