A son of a farming family claimed an interest in the family farming assets, despite those assets (including a number of parcels of real property) being registered in the names of other family members to his exclusion. This strike out application considered the requirements when pleading a Muschinski v Dodds (1985) 150 CLR 583 or Baumgartner v Baumgartner (1987) 164 CLR 137 style common endeavour constructive trust claim.
Matthew Jones (with L Amerena) appeared for the plaintiff son, instructed by Paxton-Hall Lawyers.
The judgment is published here.
