NSW Caselaw
New South Wales Supreme Court
CITATION : George Stefanovski & Anor v Draga Stefanovski [2009] NSWSC 1404
HEARING DATE(S) : 07/12/09, 08/12/09, 09/12/09, 10/12/09, 11/12/09
JUDGMENT DATE : 18 December 2009
JURISDICTION : Equity
JUDGMENT OF : Forster J at 1
DECISION : See paragraphs 138 to 141 of judgment.
CATCHWORDS : Agreement between family members - consisted only of agreement to swap properties - did not also include other terms relating to leaving the parents' assets to son by will - agreement given effect to. - Allegation that parents contributed towards purchase price of property purchased by son and daughter-in-law - allegation is not made out - even if allegation had been made out, presumption of advancement not rebutted.
LEGISLATION CITED : Conveyancing Act 1919
CATEGORY : Principal judgment
CASES CITED : Brown v Brown (1993) 31 NSWLR 582 Jones v Dunkel (1959) 101 CLR 298
PARTIES : Plaintiffs: George Stefanovski and Sonia Stefanovski Defendant: Draga Stefanovski
FILE NUMBER(S) : SC 4098/2007
COUNSEL : Plaintiffs: M.B. Evans Defendant: A.S. McGrath, G. Ng
SOLICITORS : Plaintiffs/Cross-Defendants: John Michael Whitfield, Whitfields Defendant/Cross-Claimant: Haley Cathryn McEwen, Henry Davis York Lawyers
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
FORSTER J
FRIDAY, 18 DECEMBER 2009
4098/07 GEORGE STEFANOVSKI & ANOR v DRAGA STEFANOVSKI
JUDGMENT 1 HIS HONOUR: These proceedings arise out of a most unfortunate set of disputes between, on the one hand, George Stefanovski and his wife Sonia, who are the plaintiffs and Mr Stefanovski's mother, Draga Stefanovski, who is the defendant. As the parties and a number of the other persons involved in the disputes are members of the same family, I propose, without meaning any disrespect, to refer to each of them by their first names. 2 The disputes are now restricted to two properties, namely:
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