Kriezis v Kriezis [2004] NSWSC 167

New South Wales Supreme Court

CITATION : Kriezis v Kriezis [2004] NSWSC 167 HEARING DATE(S) : 26/11/03 - 27/11/03 JUDGMENT DATE : 16 March 2004

JUDGMENT OF : Burchett AJ at 1 DECISION : The plaintiff held beneficially entitled in the proportions declared by the Court to a beneficial interest in the subject land upon the principles of equitable estoppel and also of Muschinski v Dodds.

CATCHWORDS : EQUITY - constructive trust upon breakdown of family relationship between mother and daughter-in-law on basis of which a house had been put (as to a one half interest) into the name of the mother - equitable estoppel - circumstances in which arrangement to "look after" the mother could no longer be performed - meaning of breakdown in relationship without attributable fault for the purposes of the principle in Muschinski v Dodds - flexibility of remedy - circumstances in which payments made in respect of the mortgage over the house were, exceptionally, taken into account in quantifying the payer's interest - admissibility of general evidence by a real estate agent about market price and the effect of improvements to the property carried out by one party. LEGISLATION CITED : Conveyancing Act 1919, s 66G Appleby v Pursell [1973] 2 NSWLR 879 Baumgartner v Baumgartner (1987) 164 CLR 137 Bennett v Horgan (unreported, 3 June 1994) Bloch v Bloch (1981) 37 ALR 55 Calverley v Green (1984) 155 CLR 242 Galaxidis v Galaxidis No. 2 [2002] NSWSC 831 Gillett v Holt (2001) Ch 210 CASES CITED : Gissing v Gissing [1971] AC 886 Giumelli v Giumelli (1999) 196 CLR 101 Kais v Turvey (1994) 11 WAR 357 Lloyd v Tedesco (2002) 25 WAR 360 Morris v Morris (1982) 1 NSWLR 61 Muschinski v Dodds (1985) 160 CLR 583 Plimmer v Mayor of Wellington (1884) 9 App Cas 699 Roxborough v Rothmans of Pall Mall Australia Limited (2001) 208 CLR 516 Thornton v Hyde [2004] NSWSC 125 PARTIES : Sofia Kriezis (Plaintiff) Helen Kriezis (Defendant) FILE NUMBER(S) : SC 3349/03 COUNSEL : L. Aitken (Plaintiff) R. Lovas (Defendant) SOLICITORS : J. Kartsoumis & Co (Plaintiff) Eugene Lepore & Associates (Defendant)