Shaw as trustee of the Bankrupt Estate of Nguyen v Vu

The applicant, Shaw as trustee of the bankrupt estate of Nguyen, sought declarations from the Supreme Court of New South Wales that the bankrupt held a beneficial interest in certain property under a resulting trust, and orders for the appointment of trustees for sale of that property pursuant to section 66G of the *Conveyancing Act 1919* (NSW), as applied by section 79 of the *Judiciary Act 1903* (Cth). The respondent was Vu.

The court was required to determine whether the bankrupt held a beneficial interest in the property in question, and if so, whether it was appropriate to make orders for the appointment of trustees for sale under section 66G of the *Conveyancing Act 1919* (NSW).

The court found that the evidence established the existence of a resulting trust in favour of the bankrupt in respect of the property. His Honour Judge Manousaridis reasoned that the contributions made by the bankrupt to the purchase of the property, coupled with the absence of any intention to gift those contributions to the respondent, gave rise to a beneficial interest under a resulting trust. Having determined that the bankrupt held a beneficial interest, the court proceeded to make orders appointing trustees for sale of the property.