The Owners - Strata Plan No 58872 v Bridgewater Pty Ltd

The case involved The Owners of Strata Plan No 58872 and Bridgewater Pty Ltd. The dispute centred around a block of apartments that was converted from company title to strata title. A separate lot was created for a parking space upon the creation of the Owners Corporation. All shareholders in the company relinquished their shares in exchange for strata title, except for two shareholders. The company remained the registered proprietor of the parking space. The question before the court was whether there was a common intention between the company and its shareholders that the benefit of the parking space would flow to the Owners Corporation. The court had to determine whether the company held title to the parking space upon a constructive trust.

The court considered the legal principles that underpin constructive trusts and the requirement of a common intention for the benefit of the parking space to flow to the Owners Corporation. The court examined the evidence presented and the intention of the parties at the time of the conversion from company title to strata title. The court concluded that there was no common intention between the company and its shareholders that the benefit of the parking space would flow to the Owners Corporation. The court found that the company held title to the parking space upon a resulting trust for the shareholders, not a constructive trust for the Owners Corporation.

The court's decision was that the company held title to the parking space upon a resulting trust for the shareholders, and not a constructive trust for the Owners Corporation. The court found that there was no common intention between the company and its shareholders that the benefit of the parking space would flow to the Owners Corporation. The court dismissed the claim for a constructive trust over the parking space. The final orders of the court were that the claim for a constructive trust over the parking space was dismissed and that the company remained the registered proprietor of the parking space.