Natural love and affection

In reaffirming the application of doctrine that equity will not assist a volunteer Gummow and Hayne JJ in Director of Public Prosecutions (Vic) v Le [2007] HCA 52 drew a distinction between ‘valuable consideration’ and other forms of consideration in the form of natural love and affection. Explain how the presence of consideration in the form of natural love and affection has been rendered sufficient to warrant the court’s intervention when it comes to matters of resulting trust. In your analysis consider the reasoning made in Director of Public Prosecutions (Vic) v Le [2007] HCA 52, Xiao Hui Ying v Perpetual Trustees Victoria Ltd [2015] VSCA 124, and at least one other relevant Australian judicial decision.

Sample Solution

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