Werner-Zolotuchin v Public Trustee [2004] NSWSC 358

New South Wales Supreme Court

CITATION : Werner-Zolotuchin v Public Trustee [2004] NSWSC 358 HEARING DATE(S) : 10 February, 19 March 2004 JUDGMENT DATE : 30 April 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) I order that the proceedings be dismissed; (2) I order that the Plaintiff pay the costs of the Defendant; (3) The exhibits may be returned.

CATCHWORDS : Family Law - De facto relationship - Adjustment of interests of parties in property - Respective contributions of parties - Both parties died before matter came on for hearing - Whether in such circusmtance the application may be continued by and against the respective legal personal representatives of the deceased parties - Trusts - Absence of writing - Oral statements attributed to deceased de facto partner - Whether sufficient to create a trust - Whether circumstances justify imposition of a constructive trust. Conveyancing Act 1919 Property (Relationships) Act 1984 LEGISLATION CITED : Guardianship Act 1987 Statute of Frauds of 1677 (29 Car.II, c.3) Supreme Court Rules Baumgartner v Baumgartner (1987) 164 CLR 137 CASES CITED : Evans v Marmont (1997) 42 NSWLR 70 Muschinski v Dodds (1985) 160 CLR 583 PARTIES : The Public Trustee (First Defendant) The Protective Commissioner (Second Defendant) FILE NUMBER(S) : SC 5166/00 COUNSEL : G.I. Foster (Plaintiff) C. Harris (Defendant) SOLICITORS : David Weston & Co (Plaintiff) Maclarens (First Defendant)