Togias v NSW Trustee and Guardian [2021] NSWSC 573

Supreme Court New South Wales

Medium Neutral Citation: Togias v NSW Trustee and Guardian [2021] NSWSC 573 Hearing dates: 27 April, 21 May 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Equity Before: Parker J Decision: See [45] Catchwords: EQUITY – pleading and particulars – plaintiff claims to be entitled to a share of the two properties by way of common intention constructive trust under Muschinski v Dodds principle – pleading and particulars – form of prayers for relief required in statement of claim – particulars of quantum of plaintiff's contributions to alleged common venture unnecessary – interlocutory orders – plaintiff seeks to remain in occupation of one of the properties and to have proceeds of second property held pending determination of her claim – plaintiff required to give undertakings to pay interest and occupation fee if required Legislation Cited: Criminal Assets Recovery Act 1980 (NSW), ss 22, 23, 24, 25 Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137 Muschinski v Dodds (1985) 160 CLR 583 New South Wales Crime Commission v Subakti [2016] NSWSC 1421 Togias v NSW Crime Commission [2019] NSWSC 1556 Category: Procedural rulings Parties: New South Wales Trustee and Guardian (Applicant/Second Defendant) Nicolitsa Togias (Respondent/Plaintiff) Representation: Counsel: T Hale SC (Applicant) M Sneddon (Respondent)

Solicitors: ProActive Legal (Applicant) Fox & Staniland Lawyers (Respondent) File Number(s): 2020/189689 Publication restriction: Nil