FAMILY LAW – APPEAL – TRUSTS – Where in considering whether there was an express trust or resulting trust it was asserted the trial Judge did not expressly set out what was required for such a trust to be established – The trial Judge did consider what was required for the existence of an express trust and counsel on appeal conceded a resulting trust could not exist – Where the trial Judge found there was no express trust or constructive trust – The evidence supports the finding that there was no express trust and the finding that there was no constructive trust was open to the trial Judge.
FAMILY LAW – APPEAL – OTHER FINDINGS – Where the trial Judge made other findings which were challenged – The findings made by the trial Judge were open to him on the evidence.
NOTE: The period for seeking special leave to appeal to the High Court has not expired.