Bujnowski v Public Trustee; Zacharczuk v Public Trustee; Zacharczuk v Public Trustee [1999] NSWSC 385

Bujnowski v Public Trustee; Zacharczuk v Public Trustee; Zacharczuk v Public Trustee [1999] NSWSC 385

Kazimierz Zacharczuk failed to establish a constructive trust due to lack of evidence of any constructive or resulting trust arrangement; however, as an eligible person under the Family Provision Act 1982, he was entitled to the deceased's half interest in the 4 Portland Place property for his maintenance and advancement. Waldemar Bujnowski did not establish an entitlement to further provision beyond his share in the residue and was not entitled to the Kotara Place property.

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Civil / Final Judgment
Outcome
Kazimierz Zacharczuk awarded deceased's half interest in 4 Portland Place; Waldemar Bujnowski's claim dismissed; Declaration of trust claim dismissed; Court orders made as to costs.
Legal Topics
['constructive Trust' 'family Provision' 'estate Administration']
['equity' 'succession Law'] ['constructive Trust' 'family Provision' 'estate Administration']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ["Whether Kazimierz Zacharczuk is entitled to a declaration of constructive trust over properties in the deceased's estate" 'Whether Waldemar Bujnowski and Kazimierz Zacharczuk are entitled to provision out of the estate under the Family Provision Act 1982']

Ratio Decidendi

Kazimierz Zacharczuk failed to establish a constructive trust due to lack of evidence of any constructive or resulting trust arrangement; however, as an eligible person under the Family Provision Act 1982, he was entitled to the deceased's half interest in the 4 Portland Place property for his maintenance and advancement. Waldemar Bujnowski did not establish an entitlement to further provision beyond his share in the residue and was not entitled to the Kotara Place property.

Court Disposition

Kazimierz Zacharczuk awarded deceased's half interest in 4 Portland Place; Waldemar Bujnowski's claim dismissed; Declaration of trust claim dismissed; Court orders made as to costs.

Orders

  • ["3223/97: Waldemar Bujnowski v The Public Trustee - Claim dismissed; plaintiff to pay defendant's costs; defendant may retain costs from the estate on an indemnity basis if not recovered from plaintiff." "4213/97: Kazimierz Zacharczuk v The Public Trustee - Defendant to hold the deceased's interest in 4 Portland...