Krajovska v Krajovska & Ors [2011] NSWSC 903

Krajovska v Krajovska & Ors [2011] NSWSC 903

Plaintiff established entitlement to equitable compensation reflecting her proportional interest in proceeds of sale of Newbolt Street property and Buxton farm, based on principles governing breakdown of family joint ventures and constructive trusts; retention of proceeds without return of contributions was unconscionable given the failure of the relationship and expectation of ongoing family support.

Jurisdiction
Australia
Judgment Date
18 August 2011
Procedural Posture
Equity Claim / Principal Judgment
Outcome
Claim for equitable compensation established. Plaintiff awarded proportional interest in sale proceeds; parties to bring in short minutes of order.
Legal Topics
['constructive Trust' 'unconscionable Conduct' 'family Joint Venture' 'equitable Compensation' 'pooled Contributions']
['equity' 'trusts'] ['constructive Trust' 'unconscionable Conduct' 'family Joint Venture' 'equitable Compensation' 'pooled Contributions']

Case Brief

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Procedural Posture

Equity Claim / Principal Judgment

Legal Issues

  1. 1 ['Whether proceeds of sale of properties acquired in course of a joint family relationship should be held on constructive trust for the plaintiff' 'Whether unconscionable conduct arises from retention of proceeds after breakdown of familial relationship' 'Quantification of equitable compensation reflecting contributions']

Ratio Decidendi

Plaintiff established entitlement to equitable compensation reflecting her proportional interest in proceeds of sale of Newbolt Street property and Buxton farm, based on principles governing breakdown of family joint ventures and constructive trusts; retention of proceeds without return of contributions was unconscionable given the failure of the relationship and expectation of ongoing family support.

Court Disposition

Claim for equitable compensation established. Plaintiff awarded proportional interest in sale proceeds; parties to bring in short minutes of order.

Orders

  • ['Plaintiff entitled to equitable compensation of $45,000 reflecting 22% interest in Newbolt Street property proceeds, plus interest (details to be determined).' 'Plaintiff entitled to equitable compensation of $51,000 per defendant reflecting half interest in Buxton farm proceeds, plus interest (details to be...