Gambacorta v Di Giovanni [2021] NSWSC 61

Supreme Court New South Wales

Medium Neutral Citation: Gambacorta v Di Giovanni [2021] NSWSC 61 Hearing dates: 18 and 19 November 2020 Decision date: 09 February 2021 Jurisdiction: Equity Before: Robb J Decision: The plaintiff is entitled to a declaration in appropriate terms that the joint tenancy in the joint bank accounts and jointly owned shares was severed. See par [140]. Parties should confer and provide draft short minutes of order giving effect to these reasons to my Associate. Catchwords: EQUITY — Co-ownership — Severance of joint tenancy — Severance in equity — where married couple held as joint tenants several shared bank accounts and shares — where the wife predeceased the husband — whether their conduct severed the joint tenancy in the shared bank accounts and shares — where wills were made by the wife and the husband — whether the distribution of assets in those wills indicated an intention that each will would operate in accordance with its terms on the death of either — where the deceased's will would operate on the deceased's half of the property, such that it would not pass by survivorship — joint tenancy severed in equity. Cases Cited: Bergen v Bergen 2013 BCCA 492 Corin v Patton (1990) 169 CLR 540; [1990] HCA 12 Mischel Holdings Pty Ltd (in liq) v Mischel [2013] VSCA 375 Scott v Scott [2009] NSWSC 567 Category: Principal judgment Parties: Caterina Gambacorta (plaintiff) Giuliano Di Giovanni (defendant) Representation: Counsel: C Stomo / V Chan (plaintiff) J Thomson (defendant)

Solicitors: Team Legal Group (plaintiff) Calabrese Lawyers (defendant) File Number(s): 2018 / 60480