Napier v Public Trustee (Western Australia)

32 ALR 153
1980 - 1111A - HCA

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(Judgment by: Mason J)

Between: Napier
And: Public Trustee (Western Australia)

Court:

Judges: Gibbs ACJ

Mason JMurphy J
Aickin J
Wilson J

Subject References:
Trusts
Resulting trust
Family law
De facto relationship

Hearing date: Perth, 18 September 1980
Judgment date: 11 November 1980

Canberra

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Judgment by:
Mason J

As Aickin J has shown, the presumption that there was a resulting trust as to the entirety of the house property was only partly displaced, namely, by evidence of intention that the deceased was to have the property during her lifetime only. The consequence is that the appellant was entitled to an equitable estate in remainder and that on the deceased's death his estate became absolute.

I would allow the appeal, set aside the order of Burt CJ and substitute judgment for the appellant.