Pavlis, George v Pavlis, Emanuel [2022] NSWCA 281

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Pavlis, George v Pavlis, Emanuel [2022] NSWCA 281 Hearing dates: 19 May 2022 Decision date: 21 December 2022 Before: Macfarlan JA at [1]; White JA at [2]; Basten AJA at [47] Decision: (1) Order that the second respondent be appointed as representative of the estate of the first respondent for the purposes of the appeal. (2) Appeal dismissed with costs. Catchwords: EQUITY – Unconscionable conduct – existence of a joint endeavour to pool resources and undertake work for mutual benefit – motivation for contributions – absence of proof that it was not intended for the respondents to hold full beneficial ownership if the relationship failed – no finding that it would be unconscionable to deny the existence of the equitable interest Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 7.10 Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Muschinski v Dodds (1985) 160 CLR 583; [1985] HCA 78 West v Mead [2003] NSWSC 161 Category: Principal judgment Parties: George Pavlis (First Appellant) Chris Pavlis (Second Appellant) Emmanuel Pavlis (First Respondent) Koula Pavlis (Second Respondent) Representation: Counsel: B W Walker SC with N Kirby (Appellants) G R Waugh SC with K Hooper (Respondents)

Solicitors: Fortis Law (Appellants) Russell Kennedy Lawyers (Respondents) File Number(s): 2021/278620 Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2021] NSWSC 1117 Date of Decision: 2 September 2021 Before: Kunc J File Number(s): 2018/289479