Oliver Foy successfully represents the Intervenor in financial remedy proceedings to establish beneficial ownership of a substantial property portfolio

Ollie was instructed to act on behalf of the Intervenor to establish beneficial ownership of 8 properties. The Wife alleged that the Husband had a beneficial interest in each of these properties.

Some of the properties were in the Husband’s name and some of the properties had been recently transferred out of the Husband’s name. The Wife had accordingly made a section 37 application.

The Intervenor asserted that the Husband had no beneficial interest in the properties, save for the FMH, in which the Husband had a 16.6% share. The FMH had been transferred to the Husband post-separation.

The court agreed that the remainder of the properties formed part of the Husband’s late father’s property portfolio. The Husband’s father may have transferred legal title to the Husband but did not transfer any beneficial interest. The properties were inherited by the Intervenor when the Husband’s father died.

Consequently, the court found in favour of the Intervenor in respect of all of the properties. The Husband only had a 16.6% interest in the FMH, which had accrued post-separation. The Wife’s section 37 application, and her financial remedy claims against the Husband, were dismissed.

The case involves an interesting application of familiar trust principles, with the court relying on second-hand evidence to ascertain the intentions of the Husband’s late father.

The link to the judgment is here.