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Trial of claims relating to purchase and eventual sale of residential property; declaration that plaintiffs beneficially entitled to $64,032.90 proceeds of sale on basis of both common intention constructive trust and failed joint venture constructive trust; plaintiffs’ further claim for equitable damages of $37,821.08 being value of defendants’ withdrawals from loan account for purposes unrelated to property dismissed: Fantin DCJ.
Primary Judgment
[2021] QDC 4
22 Jan 2021
Plaintiffs awarded 80% of their costs on standard basis: Fantin DCJ.
Appeal Determined (QCA)
[2022] QCA 47
05 Apr 2022
Plaintiffs’ appeal against dismissal of equitable damages claim allowed, equitable damages awarded in sum of $17,450.28 with interest, cross-appeal dismissed; plaintiffs’ appeal against costs order allowed, plaintiffs awarded costs of trial and appeal on standard basis; joint venture constructive trust existed so entitlement is as to 80% to plaintiffs and 20% to defendants; benefit which flowed from sale was $101,853.98, which included amount of $37,821.08: Sofronoff P, Mazza AJA, Davis J.
Special Leave Refused (HCA)
[2022] HCATrans 186
21 Oct 2022
Application for special leave to appeal from [2022] QCA 47 refused: Kiefel CJ and Steward J.
Appeal Status
Appeal Determined - Special Leave Refused (HCA)
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