Idrizovska v Saliu [2015] NSWSC 1642

Supreme Court New South Wales

Medium Neutral Citation: Idrizovska v Saliu [2015] NSWSC 1642 Hearing dates: 10 March, 30 October and 5 December 2014, 2, 3 and 4 November 2015 Date of orders: 18 November 2015 Decision date: 04 November 2015 Jurisdiction: Equity Before: Pembroke J Decision: See paragraphs [30] and [31] Catchwords: CONSTRUCTIVE TRUST – dishonesty – no intention to retain beneficial interest Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Paragon Finance PLC v D B Thakerar & Co [1999] 1 All ER 400 Category: Principal judgment Parties: Mevlude Idrizovska –plaintiff Afrim Saliu – first defendant Steven McAneny – second defendant Representation: Counsel: S Blount – for the plaintiff R Lee – for the first defendant No appearance for the second defendant

Solicitors: Kylie Maxwell Solicitors – for the plaintiff Hills Legal Group – for the first defendant Sparke Helmore – for the second defendant File Number(s): 2012/270835

Judgment

Introduction 1. The plaintiff is an elderly lady who came to Australia about 40 years ago from Macedonia. She is now in her late seventies. She completed four years of schooling, speaks very little English and only speaks Albanian and Macedonian. In 1958 she married Kenan Idrizovski who was at one stage the first plaintiff in these proceedings. His claim was dismissed on 4 February 2015 and orders were made permitting the second plaintiff to amend the statement of claim and proceed in her own right as the sole plaintiff. 2. The plaintiff has never worked in Australia. About a year after she arrived she purchased, as joint tenant with her husband, a property at 8 Baldwin Street, Erskineville. This property was, and remained, her only significant asset. The plaintiff has two daughters, Anna and Tina. The first defendant is the eldest son of Anna. 3. Since about 1997 the plaintiff has been estranged from her husband and they have lived separately. The plaintiff left the family home at Erskineville and resided with her daughter Tina in Wollongong. Mr Idrizovski remained in the Erskineville property until it was sold.