Resulting and constructive trust

para 61 of Stack v Dowden

each is entitled to that share which the court considers fair having regard to the whole course of dealing between them in relation to..

This part of judgment support the 2nd hurdle

para 68 of Stack v Dowden
the burden will therefore be on the person seeking to show that the parties did intend their beneficial interests to be different from their legal interests, and in what way. (Implying that equity follows the law)

para 59 of Stack v Dowden
How to rebut the presumption that equity follows the law? Two approaches. The judge prefer the second one which is "Or is it that the contrary can be proved by looking at all the relevant circumstances in order to discern the parties; common intention?"

para 60
Judge emphasize that the present case is in a domestic context

The point is that the majority judges in this case favors a holistic approach in this domestic context as opposed to commercial context