Stepanov and Stepanov and Anor

In the matter of *Stepanov and Stepanov and Anor*, Stevenson J of the Supreme Court of New South Wales was required to determine a dispute concerning the beneficial ownership of a property located at B Street, Suburb A, New South Wales. The applicant, Ms Stepanov, sought a declaration that she held the property on trust for Ms Ilic.

The central legal issue before the court was whether the property, acquired by Ms Stepanov, was held by her on trust for Ms Ilic, despite the legal title being registered in Ms Stepanov's name. This involved an examination of the parties' intentions and conduct at the time of acquisition and thereafter, to ascertain the existence of a resulting or constructive trust.

Stevenson J found that the evidence established that Ms Stepanov acquired the property with the intention of holding it for the benefit of Ms Ilic. The court applied the principles relating to resulting trusts, considering the contributions made and the presumed intention of the parties. Based on the evidence presented, the court concluded that Ms Stepanov held the property on trust for Ms Ilic.

Accordingly, the court made a declaration that as and from the date of its acquisition, Ms Stepanov held the property situate at and known as B Street, Suburb A, New South Wales, being the land contained in Folio Identifier .., on trust for Ms Ilic.