Recent Cases

NSW Trustee and Guardian v Togias [2022] NSWCA 225 (09 November 2022) (Mitchelmore JA at [1]; Basten AJA at [118]; Griffiths AJA at [154])


Catchwords:


EQUITY – trusts and trustees – constructive trusts – where respondent’s former de facto partner convicted of drug-related charge – Forfeiture Order made in respect of de facto partner’s assets pursuant to Criminal Assets Recovery Act 1990 (NSW) – where respondent performed domestic duties, raised children, and worked in business founded by de facto partner – whether “joint relationship and endeavour” formed pursuant to which respondent made contributions to acquisition of two properties the subject of the Forfeiture Order – application of principles in Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 – challenges to findings as to how respondent’s contributions to properties were said to be established – application of maxim “equity is equality”