Tjen v Bilic

The plaintiff, Tjen, sought a declaration that the defendant, Bilic, held an interest in a residential property at Mount Pritchard on trust for her, as the deceased's executrix. The deceased, who was Tjen's husband, had contributed funds towards the purchase of the property, although he was not registered on the title. The defendant, Bilic, was the sole registered proprietor of the property. The central issue in this case was whether the transfer of funds by the deceased constituted a gift or a payment intended to acquire a registered interest in the property. Additionally, the court had to determine if Bilic's interest in the property, or any part of it, was held on a resulting trust for the deceased.

The court examined whether Tjen had the standing to pursue the claim as the executrix of the deceased's will, given that no general grant of probate or administration had been issued. The court also considered whether the proceedings were a nullity due to the absence of such a grant. However, Bilic consented to Tjen being appointed as the representative of the deceased's estate, allowing the proceedings to proceed without additional costs to the parties. The court found that the transfer of funds by the deceased did not operate as a gift but rather as a payment intended to acquire a registered interest in the property. Consequently, the court held that Bilic held the property on a resulting trust for the deceased, and thus, for Tjen as his executrix.

In light of the findings, the court declared that Bilic held the interest in the Mount Pritchard property on a resulting trust for the deceased, represented by Tjen. The court's decision clarified the ownership of the property and resolved the dispute between the parties. The court's final order declared the trust and directed Bilic to hold the property on trust for Tjen as the deceased's executrix.