Maria Saravinovksa v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 6) [2016] NSWSC 964

Maria Saravinovksa v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 6) [2016] NSWSC 964

Maria is entitled to a 30% interest as tenant in common in the family home (No 5, Kogarah Bay), on the basis that she and Chris had a close personal relationship within the meaning of s 5(1)(b) of the Property (Relationships) Act 1984 (NSW). Maria provided substantial domestic support and personal care over 23 years, which justifies an adjustment of interests under s 20 of the Act notwithstanding that there was not a 'practical union of property' or economic partnership. Chris’ claims against George under the mortgage and for repayment fail, as the court was not satisfied that any actual advance was made under the 2003 mortgage or that a binding debt existed. George's cross-claim for a...

Jurisdiction
Australia
Judgment Date
12 July 2016
Procedural Posture
Principal Judgment, Two Related Proceedings (case Numbers 2011/361081 and 2012/39748) Transferred and Heard Together in the Supreme Court of NSW Equity Division / Final Judgment After Full Trial
Outcome
Maria's claim partially succeeds; Chris’ claim and George’s cross-claim are dismissed.
Legal Topics
['estoppel' 'adjustment of Property Interests' 'close Personal Relationship Under Property (relationships) Act 1984 (nsw)' 'mortgage Validity' 'proprietary Estoppel' 'constructive Trust' 'legal Capacity and Evidentiary Issues' 'pleadings and Amendments' 'affidavit Evidence in Capacity Cases']
['equity' 'family Law' 'property Law' 'civil Procedure' 'evidence' 'mortgages'] ['estoppel' 'adjustment of Property Interests' 'close Personal Relationship Under Property (relationships) Act 1984 (nsw)' 'mortgage Validity' 'proprietary Estoppel' 'constructive Trust' 'legal Capacity and Evidentiary Issues' 'pleadings and Amendments' 'affidavit Evidence in Capacity Cases']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Principal Judgment, Two Related Proceedings (case Numbers 2011/361081 and 2012/39748) Transferred and Heard Together in the Supreme Court of NSW Equity Division / Final Judgment After Full Trial

Legal Issues

  1. 1 ["Whether Maria Saravinovska was entitled to adjustment of property interests under the Property (Relationships) Act 1984 (NSW) based on a 'close personal relationship' with Chris Saravinovski; whether Chris Saravinovski was entitled to repayment of $800,000 from George Saravinovski and the validity of a 2003 mortgage; whether George Saravinovski had a beneficial interest in property or was entitled to an account, declaration of trust or damages based on alleged representations or constructive trust; whether various representations and promises were made and relied upon; whether financial and non-financial contributions were made so as to justify an order adjusting property interests; credit and reliability of evidence given the severe family conflict and loss of capacity."]

Ratio Decidendi

Maria is entitled to a 30% interest as tenant in common in the family home (No 5, Kogarah Bay), on the basis that she and Chris had a close personal relationship within the meaning of s 5(1)(b) of the Property (Relationships) Act 1984 (NSW). Maria provided substantial domestic support and personal care over 23 years, which justifies an adjustment of interests under s 20 of the Act notwithstanding that there was not a 'practical union of property' or economic partnership. Chris’ claims against George under the mortgage and for repayment fail, as the court was not satisfied that any actual advance was made under the 2003 mortgage or that a binding debt existed. George's cross-claim for a...

Court Disposition

Maria's claim partially succeeds; Chris’ claim and George’s cross-claim are dismissed.

Orders

  • ['Maria Saravinovska is granted a 30% interest as tenant in common in No 5, Kogarah Bay; adjustment of property interests accordingly.' 'All other claims by Chris against George are dismissed.' 'All claims by George against Chris are dismissed.' 'Proceedings are stood over for parties to agree on form of orders and...