High Court of Australia
HIGH COURT OF AUSTRALIA
KIEFEL CJ,
GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJ
JUDITH GAIL TALACKO APPELLANT
AND
JAN TALACKO (AS EXECUTOR OF THE ESTATE
OF HELENA MARIE TALACKO) & ORS RESPONDENTS
Talacko v Talacko
[2021] HCA 15
Date of Hearing: 10 March 2021
Date of Judgment: 12 May 2021
M111/2020
ORDER
1. The grant of special leave to appeal on the second ground be revoked with costs.
2. The appeal be dismissed.
3. Special leave to cross-appeal be granted and the cross-appeals be allowed.
4. Set aside order 2 of the orders of the Court of Appeal of the Supreme Court of Victoria made on 30 April 2020 and the orders of that Court made on 5 May 2020 and, in lieu of those orders, order that:
(a) the appeal be allowed;
(b) order 2 of the orders of the Supreme Court of Victoria made on 20 December 2018 be varied to replace the sum of $5,900,227.92 with the sum of $8,045,765.34 and the sum of $3,101,822.56 with the sum of $4,229,758.04;
(c) order 4 of the orders of the Supreme Court of Victoria made on 20 December 2018 be varied to replace the sum of $5,892,069.06 with the sum of $8,034,639.62 and the sum of $3,084,619.22 with the sum of $4,223,909.11; and
(d) the fourth respondent pay the appellants' costs of the application for leave to appeal and the appeal, to be taxed in default of agreement on the standard basis.
5. The appellant pay the costs of the appeal and the cross-appeals.
On appeal from the Supreme Court of Victoria
Representation
B W Walker SC with J B Masters for the appellant (instructed by Strongman & Crouch Solicitors)
W A Harris QC with K A Loxley for the first respondent (instructed by Patrick & Associates)
D B O'Sullivan QC and B R Kremer with O M Ciolek for the second to fifth respondents (instructed by Brand Partners)
Submitting appearances for the ninth and tenth respondents
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