2011

Maddern, Jeanne v Darlington, Stevie

Trust – Presumed resulting trust – Couple in intimate relationship – Real property bought in both their names as tenants in common – Woman providing the entire
purchase money – Man alleging that house bought as a gift to him - Whether resulting trust arises
Equity – Presumption of advancement – Whether applicable to lovers – Whether statements by woman created a case of proprietary estoppel - Woman’s intention at the time of incurring expenditure – Whether man relying on representations by woman - Whether equitable interest created thereby.
 

Madam ‘A’ v Cash Plus

Application challenging the appointment of receiver/manager - Whether of receiever/manager can be set aside ex devito justiticiae - Whether part 51 of CPR is applicable generally to the appontment of receiver/manager - Whether failure by judge to state that security for costs is dispensed with vitiates appointment.

Luke, Derrick v Luke, Murdel Delores

Husband and Wife – Property division – Husband sending money to wife at her request for various matters – He sent the money to her to “take care ofbusiness” – Whether remittances secured an interest in the wife’s business enterprise or a motor car or other chattels purchased by the wife – Whethersale of the business enterprise precludes the court from making an order concerning same.

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