Pupo v Pupo; Pupo v Pupo

In the case of Pupo v Pupo, the first plaintiff, who is the father of the defendants, sought to establish a resulting or constructive trust over a property he claimed to have partly financed. The dispute was heard in the Supreme Court of New South Wales. The first plaintiff alleged that he had contributed to the purchase price of the property in the names of three of his sons. He sought either the recognition of a trust over the property or an equitable lien securing his alleged contributions.

The court had to determine whether the first plaintiff had indeed contributed to the purchase price of the property and, if so, the amount of that contribution. Additionally, the court needed to consider whether the property was subject to a resulting or constructive trust, or an equitable lien. Furthermore, the court needed to assess whether any adjustment of property pursuant to the Property (Relationships) Act 1984 (NSW) was warranted. The court needed to consider whether the parties were living together in a close personal relationship and the respective contributions of the parties to the property.

The court found that it was not satisfied that any contribution to the purchase price was made by the first plaintiff. Even if such a contribution had been made, the court was not satisfied as to the amount of the contribution. The court also found that the parties were not living together in a close personal relationship for the purposes of the Property (Relationships) Act 1984 (NSW). The first plaintiff's financial and non-financial contributions were deemed unremarkable, and he obtained countervailing benefits from the relationship, including the occupation of part of the property. Given these circumstances, the court determined that it was not just and equitable to make any adjustment order. The court dismissed the claims.