Sergei Ivanovski v Keith Stevens McConnell [2009] NSWSC 1129

Sergei Ivanovski v Keith Stevens McConnell [2009] NSWSC 1129

The plaintiffs are entitled to judgment against the estate for the money claim, the transfer of property was made with intent to defraud and should be set aside with reconveyance to the estate, and given partial success and failure between plaintiffs and Marie Perdacher, there will be no order for costs between them; the estate must pay plaintiffs' costs against it, and representative's costs are a charge on the property.

Parties
First Plaintiff: Sergei Ivanovski; Second Plaintiff: Galina Ivanovsky; First Defendant: Keith Stevens McConnell as representative of the estate of Walter Perdacher (deceased); Second Defendant: Marie Perdacher
Jurisdiction
Australia
Judgment Date
16 October 2009
Procedural Posture
Equity Proceeding / Post Trial Judgment and Orders
Outcome
Judgment for plaintiffs against the estate; transfer avoided; reconveyance ordered; plaintiffs' costs paid by estate; no order for costs between plaintiffs and Marie Perdacher.
Legal Topics
Fraudulent Conveyance, Costs Orders, Reconveyance of Property, Trusts
Equity Practice and Procedure Fraudulent Conveyance Costs Orders Reconveyance of Property Trusts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Sergei Ivanovski

First Plaintiff

Galina Ivanovsky

Second Plaintiff

Keith Stevens McConnell as representative of the estate of Walter Perdacher (deceased)

First Defendant

Marie Perdacher

Second Defendant

Procedural Posture

Equity Proceeding / Post Trial Judgment and Orders

Legal Issues

  1. 1 Whether the transfer by Walter Perdacher of his interest in the property to Marie Perdacher should be set aside as fraudulent
  2. 2 Whether the plaintiffs are entitled to costs from the estate and/or Marie Perdacher
  3. 3 Entitlement of plaintiffs to judgment for indebtedness of estate

Ratio Decidendi

The plaintiffs are entitled to judgment against the estate for the money claim, the transfer of property was made with intent to defraud and should be set aside with reconveyance to the estate, and given partial success and failure between plaintiffs and Marie Perdacher, there will be no order for costs between them; the estate must pay plaintiffs' costs against it, and representative's costs are a charge on the property.

Court Disposition

Judgment for plaintiffs against the estate; transfer avoided; reconveyance ordered; plaintiffs' costs paid by estate; no order for costs between plaintiffs and Marie Perdacher.

Orders

  • Estate of late Walter Perdacher is indebted to plaintiffs in the amount of $3,573,608.32; plaintiffs entitled to judgment against estate in that amount.
  • Transfer by late Walter Perdacher on 5 January 2006 of interest in property at 14 Tranquil Street, Sunnybank Hills, Queensland 4109 to Marie Perdacher is avoided.