End date June 22, 1972 | ||
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Full case name Mrs. Emily Hussey v P. Palmer (male) Decided June 22, 1972 (1972-06-22) Citation(s) [1972] EWCA Civ 1, [1972] 1 WLR 1286, [1972] 3 All ER 744, CA Ruling court Court of Appeal of England and Wales Similar Westdeutsche Landesbank Girozentr, Boardman v Phipps, Lloyds Bank plc v Rosset, Air Jamaica Ltd v Cha, Gissing v Gissing | ||
Hussey v Palmer [1972] EWCA Civ 1 is an English trusts law case of the Court of Appeal. It concerned the equitable remedy of constructive trusts. It invokes the equitable maxim, "equity regards the substance and not the form."
Contents
Facts
A mother, Mrs Hussey, lived on the same property as her daughter at 9 Stanley Road, Wokingham. The mother spent £607 to build an extension to the house of her daughter and son-in-law. After they had a dispute, the mother left the house. The mother claimed that she had an interest in the property, and the daughter argued there was no proprietary right.
Judgment
The Court of Appeal held by majority that a trust was created in favour of the plaintiff. The payment was not intended as a gift, and it would be unconscientious for the money to be retained without a proprietary right arising, in proportion to the money expended.
Lord Denning MR said the following.
Phillimore LJ concurred with Lord Denning MR.
Cairns LJ dissented, and said the following.