The applicant and respondent purchased a house together as tenants in common.
The respondent moved out shortly after, and the applicant paid all mortgage and maintenance fees while living in the property rent-free.
After the property was sold, the applicant sought a declaration of unjust enrichment and a constructive trust, claiming 90% of the net proceeds.
The court dismissed the unjust enrichment claim, finding the applicant suffered no deprivation and there was a juristic reason to enforce their agreement to split proceeds equally.
The court ordered the net proceeds to be divided equally after accounting for deductions, including the applicant's operating expenses and the respondent's entitlement to occupational rent.
