Neilson v Letch (No 2)

The case of *Neilson v Letch (No 2)* concerned a dispute between a de facto couple regarding the beneficial ownership of a property. The appellant, Ms. Neilson, and the respondent, Mr. Letch, had contributed unequally to the purchase price of the property. The primary issue before the Court of Appeal of New South Wales was to determine the respective beneficial interests of the parties in the property, given their unequal financial contributions and their domestic relationship.

The court was required to determine whether a presumption of advancement applied to the situation, or if a presumption of a resulting trust was more appropriate. Further, the court had to consider whether the evidence presented demonstrated a contrary intention that would rebut any applicable presumption, thereby establishing the parties' true beneficial interests in the property.

The Court of Appeal held that in the context of a de facto relationship, there is no presumption of advancement that would favour the male partner. Instead, the court applied the presumption of a resulting trust, which presumes that where one party contributes to the purchase of property, they hold a beneficial interest proportionate to their contribution. However, this presumption is rebuttable. The court found that the evidence presented by the parties was sufficient to establish their respective intentions regarding beneficial ownership, and these intentions rebutted the presumption of a resulting trust in favour of a different division of interests.

The appeal was allowed, indicating that the court overturned the decision of the lower court and made orders reflecting its determination of the beneficial interests in the property.