Callow v Rupchev [2009] NSWCA 148

New South Wales Court of Appeal

CITATION: Callow v Rupchev [2009] NSWCA 148

HEARING DATE(S): 7 August 2008

JUDGMENT DATE: 17 June 2009

JUDGMENT OF: Beazley JA at 1; Basten JA at 1; Handley AJA at 1

(1) Grant leave to the applicant to appeal against the orders made in the Common Law Division on 16 November 2007; (2) Allow the appeal in part and set aside the orders made in the Common Law Division; (3) Declare that, as at the date of judgment in the Common Law Division, the proceeds of sale of the property at 21 Redgrave Avenue, Normanhurst, held in an interest bearing controlled money account with Goldrick Farrell Mullan, solicitors, being an amount of $172,141.49 together with interest on that amount, was held, (a) as to one half share, for Mr Vladimir Rupchev; (b) as to the other half share, (i) as to an amount of $37,716, for Mr Vladimir Rupchev, and DECISION: (ii) as to the balance, for Ms Beverley Callow; (c) as to such interest as had accrued at the date of distribution of the funds, for the respective parties in proportion to their entitlements set out above; (4) Declare that Ms Callow is entitled to a payment from Mr Rupchev of such amount as was paid to him from the controlled money account in excess of his entitlement as set out above, together with interest thereon at the rate prescribed by Schedule 5 of the Uniform Civil Procedure Rules 2005 (NSW) from the date on which it was disbursed to or at the direction of Mr Rupchev until paid by him to Ms Callow; (5) Remit the matter to the Common Law Division for final orders (if not agreed) as to the amount of the payment due under order (4); (6) Order that Ms Callow pay Mr Rupchev's costs of the proceedings in the Common Law Division from 26 May 2006, assessed on the ordinary basis; (7) Order that Mr Rupchev pay Ms Callow's costs in this Court as a self-represented litigant; (8) Grant Mr Rupchev a certificate under the Suitors' Fund Act 1951 (NSW) in respect of the costs in this Court.