DISTRICT COURT OF QUEENSLAND
CITATION:
Stallan & Anor v Kent [2025] QDC 177
PARTIES:
GREGORY BRETT STALLAN ON BEHALF OF THE ESTATE OF AVIS LORRAINE STALLAN (DECEASED)
(first plaintiff)
AND
GREGORY BRETT STALLAN
(second plaintiff)v
SUSAN AVIS KENT
(defendant)
FILE NO:
DC No. 113 of 2021
DIVISION:
Civil
PROCEEDING:
Trial
ORIGINATING COURT: District Court of Queensland
DELIVERED ON:
17 November 2025
DELIVERED AT:
Cairns
HEARING DATE:
26, 27, 28 May 2025
JUDGE:
Treviño KC DCJ
ORDER:
1. It is declared that Susan Avis Kent holds 85% of the property situated at 2/44-46 Turner Street, Whitfield in the State of Queensland and described as lot 2 on survey plan 198017, Title Reference 50726370 on constructive trust for Gregory Brett Stallan on behalf of the estate of Lorraine Avis Stallan (deceased).
2. The parties have liberty to apply within 14 days for any further or consequential orders necessary to give effect to the declaration made.
3. The second plaintiff’s claim is dismissed.
4. I will hear the parties as to costs.
CATCHWORDS:
EQUITY – TRUSTS – RESULTING TRUSTS – CONSTRUCTIVE TRUSTS – TRANSFER OF TITLE – whether the deceased has an equitable interest in the property - where a resulting trust created in the deceased’s favour upon the deceased’s financial contribution to the purchase price – where there is a transfer of title – whether the defendant acknowledged and accepted the deceased’s interest in the property prior to its transfer – whether there was any alteration of the deceased’s equitable interest in the property – whether a constructive trust is an available remedy – where equity will impose a constructive trust as remedy to preclude an unconscionable assertion of legal rights
CASES:
Bosanac v Commissioner of Taxation [2022] 275 CLR 37
Calverly v Green (1984) 155 CLR 242
Camden v McKenzie [2008] 1 Qd R 39
Dable v Peisley [2009] NSWSC 772
Fox v Percy (2003) 214 CLR 118
Konann Pty Ltd v Commissioner of State Revenue & Anor (2015) 100 ATR 772
Muschinski v Dodds (1985) 160 CLR 538
Peffer v Rigg & Anor [1977] WLR 285
COUNSEL: C Ryall for the plaintiffs
P Sommers for the defendant
SOLICITORS: Absolute Law for the plaintiffs
O’Connor Law for the defendant
Introduction
Mrs Avis Lorraine Stallan died on 3 August 2019 at the age of 87. She was survived by her two children, Mr Gregory Brett Stallan and Ms Susan Avis Kent. For the last 11 years of her life, she lived alone at a duplex unit situated at 2/44-46 Turner St, Whitfield, Cairns. The legal title for the property was never held by her. Presently, Ms Kent is the sole title holder. At the time Mrs Stallan assumed occupancy of the property, the title was held by Ms Kent and a company owned by Ms Kent’s then husband. Prior to moving in, Mrs Stallan had paid that company $323,000.00 towards the purchase of the property. At issue in…
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- AGLC
- Stallan v Kent [2025] QDC 177
- Case
- [2025] QDC 177
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the deceased had an equitable interest in the property that could be recognised despite the transfer of title to the defendant. This involved determining if a resulting trust existed in favour of the deceased, given her financial contribution, and if a constructive trust could be imposed to prevent the defendant from unconscionably asserting her legal rights. The court also had to consider whether the defendant had acknowledged and accepted the deceased’s interest prior to the transfer of title, and if any actions had been taken that altered the deceased’s equitable interest.
The court found that the deceased had indeed made a financial contribution towards the purchase of the property, which created an equitable interest in her favour. Despite the transfer of title to the defendant, the court determined that the deceased’s interest remained intact. The defendant did not acknowledge or accept the deceased’s interest at the time of the transfer. Furthermore, the court concluded that equity would impose a constructive trust to prevent the defendant from unconscionably asserting her legal rights, thereby recognising the deceased’s equitable interest. Consequently, the court declared that Susan Avis Kent holds 85% of the property on constructive trust for Gregory Brett Stallan on behalf of the estate of Lorraine Avis Stallan (deceased).
The court dismissed the second plaintiff’s claim and granted the parties liberty to apply within 14 days for any further or consequential orders necessary to give effect to the declaration made. The court reserved decision on costs, indicating that it would hear the parties on this matter.
Orders
Orders of the court
1. It is declared that Susan Avis Kent holds 85% of the property situated at 2/44-46 Turner Street, Whitfield in the State of Queensland and described as lot 2 on survey plan 198017, Title Reference 50726370 on constructive trust for Gregory Brett Stallan on behalf of the estate of Lorraine Avis Stallan (deceased).
2. The parties have liberty to apply within 14 days for any further or consequential orders necessary to give effect to the declaration made.
3. The second plaintiff’s claim is dismissed.
4. I will hear the parties as to costs.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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