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Key decisions

  • Angius v Salier [2019] NSWSC 184
  • Gail Patricia Stone v Michael John Stone [2019] NSWSC 233 
  • Re Pacella [2019] VSC 170
  • Dragarski v Dunn [2019] NSWSC 300
  • Gonciarz v Bienias [2019] WASC 104

Adjustment between occupant and LPR

John Angius and his estranged wife co-owned a residence at her death in 2012. In 2015, the Supreme Court made consent orders for the sale of the residence. The orders noted Mr Angius’s agreement to vacate the residence within 28 days. It was only after further proceedings that he vacated the premises in 2017. In still further proceedings, various related issues arose for decision. Mr Angius sought $41,471 from the estate as 50 per cent of the repairs maintenance and improvements he’d undertaken to the residence since Laura’s death. The Court found that $6,589 was owed on this basis and a further $4,260 was due for 50 per cent of the council rates, water rates and insurance premium for the years 2012 to 2016 (Angius v Salier [2019] NSWSC 184 (Henry J at [51] and [64]).

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