Wu v Wu (No 2)

The appeal in *Wu v Wu (No 2)* concerned a dispute between a father (appellant) and his daughter (respondent) regarding the beneficial ownership of a property. The father alleged that the daughter had exerted undue influence and unconscionable conduct in relation to the property, which was registered in her name. The case was heard by Mossop, Baker and McWilliam JJ in the Court of Appeal.

The primary legal issues before the Court of Appeal were whether the presumption of undue influence had been established, whether the defence of laches was applicable, and whether a remedial constructive trust was an appropriate remedy. The Court also considered whether the proceeding should be remitted for further evidence, particularly given the appellant's advanced age.

The Court allowed the appeal, finding that the presumption of undue influence was established and that the respondent had failed to rebut it. The Court reasoned that the relationship between the parties, coupled with the circumstances surrounding the transfer of the property, gave rise to the presumption. The defence of laches was rejected. The Court determined that a remedial constructive trust was appropriate to reflect the father's beneficial interest in the property. The Court declined to remit the proceeding, noting that the further evidence was limited and that there was no advantage to be gained from a remittal in the circumstances.

The Court set aside most of the orders made at first instance, save for a declaration regarding the plaintiff's right to reside in the property. The Court declared that the respondent held the legal title to the property, with 50% of the beneficial interest in her own name and 50% on trust for the appellant. The respondent was ordered to pay the appellant's costs of the appeal and the proceedings at first instance, with a provision for a potential variation of this order within seven days.