Koprivnjak v Koprivnjak [2022] NSWSC 586

Supreme Court New South Wales

Medium Neutral Citation: Koprivnjak v Koprivnjak [2022] NSWSC 586 Hearing dates: 2, 3, 4, 5, 6 May 2022 Decision date: 16 May 2022 Jurisdiction: Equity Before: Peden J Decision: 1. The parties are to confer and provide short minutes of order reflecting this judgment and the appropriate costs order to my Associate within 7 days of the publication of this judgment. 2. In the event of any dispute as to the form of the orders, each party is to provide their proposed short minutes of order and up to 2 pages of submissions in support of the proposed orders, including as to costs, together with any evidence relied upon as to costs, to my Associate within 7 days of the publication of this judgment. Catchwords: EQUITY — Trusts and trustees — Resulting trusts — Purchase money trusts EQUITY — Trusts and trustees — Resulting trusts — Presumption of advancement EQUITY — Trusts and trustees — Constructive trusts — Common intention Cases Cited: Amit Laundry Pty Ltd v Jain [2017] NSWSC 1495 Bahr v Nicolay (No 2) (1988) 164 CLR 604 Bassett v Cameron [2021] NSWSC 207 Birtwell v Sands [2012] QSC 396 Black Uhlans Inc v New South Wales Crime Commission (2002) 12 BPR 22,421; [2002] NSWSC 1060 Commissioner of Taxation v Bosanac (No 7) [2021] FCAFC 158 DKL v LYK [2019] SASC 100 In the Estate of the Late Patrick Ambrose Tunchon [2019] NSWSC 802 Koprivnjak v Koprivnjak [2021] NSWSC 183 Martech Energy Systems Pty Ltd (in liq) v Bell [2005] VSC 198 Muschinski v Dodds (1985) 160 CLR 583; [1985] HCA 78 Pavey & Matthews Pty Ltd v Paul (1987) 162 CLR 221; [1987] HCA 5 Re Kayford Ltd (in liq) [1975] 1 WLR 279 Re Schebsman; Ex parte The Official Receiver, The Trustee v Cargo Superintendents (London) Limited and Schebsman [1944] Ch 83 Trustees of the Property of Cummins (A Bankrupt) v Cummins (2006) 227 CLR 278; [2006] HCA 6 Walsh Bay Developments Pty Ltd v Federal Commissioner of Taxation (1995) 130 ALR 415 Category: Principal judgment Parties: John Koprivnjak (Plaintiff) Natalie Koprivnjak (Defendant) Representation: Counsel: T Rogers (Plaintiff) C Bolger (Defendant)