Sweeney v He

Sweeney (the appellant) appealed to the Court of Appeal of New South Wales against a decision of the Supreme Court of New South Wales. The dispute concerned the appellant's claim for a constructive trust over property held by He (the respondent), arising from an alleged common intention that the appellant would have a beneficial interest in the property.

The Court of Appeal was required to determine whether the primary judge had erred in finding that there was no common intention constructive trust, and whether the primary judge had failed to provide adequate reasons for their decision, thereby breaching the duty to give reasons and potentially the rules of procedural fairness. A further issue was whether the primary judge had demonstrated actual or apprehended bias.

The Court of Appeal dismissed the appeal, finding that the primary judge's reasons, while perhaps brief, were sufficient to disclose the process of reasoning and the essential findings of fact and law upon which the decision was based. The Court found no error in the primary judge's assessment of the evidence regarding the alleged common intention, nor any basis for a finding of actual or apprehended bias. The principles applied included those relating to the establishment of common intention constructive trusts and the requirements for adequate reasons in judicial decision-making.

The appeal was dismissed with costs.