Christopher Tasoulas v Vasiliki Tasoulas [2018] NSWSC 861

Supreme Court New South Wales

Medium Neutral Citation: Christopher Tasoulas v Vasiliki Tasoulas [2018] NSWSC 861 Hearing dates: 26-27 April 2018 Date of orders: 17 May 2018 Decision date: 17 May 2018 Jurisdiction: Equity - Real Property List Before: Rein J Decision: See [44] Catchwords: REAL PROPERTY – Where transfer of the Plaintiff's half-interest in a property was lodged with Land Titles in 1992 – Claim that Plaintiff never signed or agreed to the transfer of his half-interest in the property – Where Plaintiff lodged a caveat over the property asserting fraud – Whether impugned signature on the transfer was established not to be that of the Plaintiff – Onus of proof in relation to a claim of fraud – Reference to indefeasibility provisions of the Real Property Act 1900 (NSW) – Obiter, whether any claim not based on fraud would be statute barred under the Limitation Act 1969 (NSW).

EVIDENCE – Where Plaintiff produced no forensic evidence to support his contention that the impugned signature on the transfer is not his – Whether the Court can make its own comparison between disputed and admitted handwriting in absence of forensic evidence. Legislation Cited: Conveyancing Rules (Version 3) Evidence Act 1995 (NSW) Limitation Act 1969 (NSW) Real Property Act 1900 (NSW) Cases Cited: Anderson v Anderson [2017] NSWCA 131 Breskvar v Wall (1971) 126 CLR 376 Briginshaw v Briginshaw (1938) 60 CLR 336 Frazer v Walker [1967] 1 AC 569 Jeans v Cleary [2006] NSWSC 647 Regina v Doney (2001) 126 A Crim R 271; [2001] NSWCCA 463 Rejfek v McElroy (1965) 112 CLR 517 Texts Cited: Nil Category: Principal judgment Parties: Christopher Tasoulas (Plaintiff) Vasiliki Tasoulas (Defendant) Representation: Counsel: Plaintiff in person Mr J. Wyner (Defendant)