Resulting trust

Clementi v Rossi [2019] VSC 725
Supreme Court of Victoria
McMillan J
Trusts – estoppel – limitations

The parties formerly held a property title as joint tenants in property.  The plaintiff transferred their interest to the defendant.  The plaintiff claimed a beneficial interest in the property and asked for ‘account for the income derived from’ the property since 2/5/11.  The Court considered whether the plaintiff had an interest in the property on the basis of a proprietary estoppel, constructive trust or resulting trust.  The court considered whether the plaintiff was barred from making claims due to delay and the Limitations of Actions Act 1958 (Vic). The Court held that the defendant held 50% interest in property for plaintiff on resulting trust or constructive trust.  The defendent was to account to plaintiff for 50% of profit that the defendant received from property since 2/5/11.