Nicolitsa Togias v State of New South Wales [2021] NSWSC 1588

Supreme Court New South Wales

Medium Neutral Citation: Nicolitsa Togias v State of New South Wales [2021] NSWSC 1588 Hearing dates: 2, 3, 4 & 16 November 2021 Decision date: 10 December 2021 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See [162]-[164] Catchwords: EQUITY — Trusts and trustees — Constructive trusts — Family and domestic relationships — Where plaintiff's former de facto partner was registered proprietor of real property and his interested was forfeited to the State as proceeds of the sale of crime — Where the plaintiff made no direct financial contributions to the purchase of the properties but made indirect contributions through homemaking and domestic duties as well as working in her ex-partner's business — Where the plaintiff has continued to live in and pay the mortgage of one of the two properties after it was vested in the Crown — Whether the plaintiff has any beneficial interest in the properties — Declaration of constructive trust Legislation Cited: Criminal Assets Recovery Act 1990 (NSW) Cases Cited: Austin v Hornby (2011) 16 BPR 30,623; [2011] NSWSC 1059 Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Criminal Assets Recovery Act 1990 (NSW) Cetojevic v Cetojevic [2006] NSWSC 431 Commission v Tsourounakis (2007) 158 FCR 214 Hill v Hill [2005] NSWSC 863 John Alexander's Club Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1; [2010] HCA 9 Lloyd v Tedesco (2002) 25 WAR 360 Loretta Kistmah Craig and Ors v Kia Silverbrook and Ors [2013] NSWSC 1687 Muschinski v Dodds (1985) 160 CLR 683; [1985] HCA 78 New South Wales Crime Commission v Subakti [2016] NSWSC 1421 Rimmer v Rimmer [1953] 1 QB 63 Togias v New South Wales Crime Commission [2019] NSWSC 1556 Waikato Regional Airport ltd v Att Gen (New Zealand) [2003] UKPC 50 West v Mead [2003] NSWSC 161 Woods v McKinlay (No 2) [2021] NSWSC 1510 Texts Cited: J Edelman, Snell's Equity (Sweet & Maxwell, 32nd ed, 2010) WE Grisby, Story's Commentaries for Equity Jurisprudence (Stevens and Haynes, first English edition, 1884) JD Heydon and MJ Leeming , Jacob's Law of Trusts (Butterworths, 8th ed, 2016) RP Meagher and WMC Gummow, Jacob's Law of Trusts in Australia (Butterworths, 6th ed, 1997) PH Pettit, Halsbury's Laws of England (Butterworths, 4th ed, 1992) JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow and Lehane's Equity Doctrines and Remedies (Butterworths, 5th ed, 2014) PW Young, CE Croft and M Smith, On Equity (Lawbook Co, 2009) Category: Principal judgment Parties: Nicolista Togias (plaintiff) State of New South Wales (first defendant) NSW Trustee and Guardian (second defendant) Representation: Counsel: M Sneddon (plaintiff) TS Hale SC (second defendant)