In Purnell v Purnell [2024] QDC 79 case, the dispute centred around the ownership of the Glenwood Property, purchased by Donna Gaye Purnell (defendant) but partially funded by her brother, David John Purnell (plaintiff). The plaintiff argued that he had contributed $23,000 towards the purchase and had made substantial improvements to the property, thus asserting rights based on a constructive trust. The court, presided by Porter KC DCJ, found that although the agreement between the siblings was vague and the joint enterprise had failed, the evidence supported a constructive trust.
Consequently, the court declared that the legal title of the property at Lot 78 on Registered Plan 157641 was held by the defendant, Donna Gaye Purnell, on constructive trust for both parties as tenants in common in equal shares. The court also ordered the plaintiff to pay the defendant $3,500, while adjusting legal titles accordingly to reflect the shared ownership of the property.