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Plummer, Judith v Andrew Plummer

Court: 
Supreme Court
Catchwords: 

Application for declaration of interest under Property (Right of Spouses) Act 2004: Whether property is "family home" for purposes of the Act. Principles of Resulting and/or Constructive Trust applicable in claims for beneficial interest in property; Effect of Stack v Dowden; Burden of proof on person advancing interest other than that shown on title; Application of Property (Right of Spouses) Act to property other than the family home; extent of courts discretion in making "division of property" under sec. 14; Circumstances informing a just and reasonable division of property; "contribution; Whether decree absolute is proper trigger for the purposes of an application under the Act.

Document Type:

Year: 
2009
Suit/Claim number: 
HCV 00864 of 2006