Where a tribunal makes adverse credibility findings against all parties in a co-ownership dispute and cannot rely on any party's evidence as to the source of funds, it is open to the tribunal to distribute sale proceeds in accordance with registered interests on title under s 228 of the Property Law Act 1958 (Vic), and a claim for adjustment under s 233 will fail where the evidence establishes that expenditure came from a common fund. Issues finally determined in earlier proceedings, including at appellate level, cannot be re-agitated in subsequent proceedings concerning the same property.
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