Kurzyp v Kurzyp

[2021] NSWSC 851

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. Equity
2. › resulting trust
3. › defacto couple purchase family home in 1987
4. › few contemporaneous documents
5. › defacto wife contributed to purchase price
6. › husband held half of interest in property on resulting trust for wife
7. › husband to account for half of rental income
8. › defence of laches not established.
1. Family Law
2. › matrimonial cause
3. › whether the Court should determine the application
4. › leave not required to commence proceedings under s 44(3), Family Law Act
5. › proceedings within s 78, Family Law Act
6. › consent implied where no objection raised until 2 years after proceedings were commenced
7. › this Court should determine the matter.
1. Estoppel
2. › consent orders made in Family Court without admission that appropriate forum was in Poland
3. › in fact, Polish Court has no jurisdiction in respect of Australian property
4. › whether issue estoppel, Anshun estoppel or abuse of process
5. › no estoppel or abuse of process found.