In the recent case of Jain v Amit Laundry Pty Ltd [2019] NSWCA 20 the NSW Court of Appeal was asked to determine a dispute relating to the beneficial ownership of a property. While Rajil Jain was the sole registered proprietor of the property, the deposit on the property and mortgage repayments were paid by a family business, namely Amit Laundry Pty Ltd (the Company). When Rajil attempted to sell the property, Amit Laundry Pty Ltd claimed that Rajil held the title to the property for the Company on a resulting trust.

The court ultimately held that there was a presumption of a ‘resulting trust’ due to the fact that the deposit and mortgage repayments were paid by the Company, and ownership was deemed to be vested in Amit Laundry Pty Ltd.

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