Vadisanis & Vadisanis and Anor [2014]FamCAFC97 -12/6/2014

The case was an appeal by the wife against the property orders made at trial by Fowler J. The question of whether the “intervener” (the mother of the husband “V”)  had the benefit of a resulting trust, implied or constructive trust over the money advanced by her to the appellant to assist with the buying of property. The Land registry recorded the parties’ interests as tenants in common in unequal shares that did not accurately reflect the money advanced.  V was seeking declarations that the husband and wife were indebted to her for funds provided before and during the marriage.

V had established three of the five advances and at the trial it was ordered that the debts be repaid which had the consequence of reducing the property settlement pool by $329,000.

The wife appeals the `characterisation of the advances and the legal and equitable effects of the resulting transactions.’ Held:  appeal was allowed.