Apostolidis v Kalenik (No 2)

The appeal and cross-appeal concerned the adjustment of property interests between de facto partners under Part IX of the Property Law Act 1958. The appellant had developed a successful business during the relationship, while the respondent made contributions both to the business and as a homemaker. The central issue was the quantum of the adjustment sum, with both parties contending that the sum was not just and equitable. The court was also required to determine whether it could consider fresh evidence, specifically the appellant's tax evasion which had resulted in amended taxation assessments and freezing orders, significantly impacting the worth of the business. Additionally, the court had to consider whether it had jurisdiction to make an adjustment order if it appeared that there were insufficient assets to meet third-party creditors.

The court held that it was appropriate to consider the fresh evidence regarding the appellant's tax issues, as this materially affected the valuation of the assets and the capacity to satisfy any adjustment order. It found that the evidence of the new asset position could be adduced. In re-exercising its discretion under section 285 of the Property Law Act, the court awarded the respondent a sum broadly representing 27 per cent of the pool of property interests of the parties, valued at $1,175,000 at the present time. The court found this adjustment to be just and equitable, taking into account the contributions of both parties during the relationship.

The final orders included granting leave to the appellant to adduce fresh evidence, allowing the appeal and cross-appeal, and readjusting the interests of the parties by awarding the respondent a sum broadly representing 27 per cent of the total property interests.