Korsky and Bright & Anor (No 2)

The Full Court of the Family Court of Australia heard an appeal by Mr Korsky (the husband) against orders made by Brown J on 23 March 2007. The dispute concerned property division, with the husband seeking to set aside orders made on 25 October 2006, which dismissed his claims regarding certain property. The respondents were Mrs Bright and another party.

The primary legal issue before the Full Court was whether the primary judge erred in dismissing the husband's claims concerning property located in Prague. This involved determining whether the husband's understanding of the confiscation and potential return of this property, as presented during the original proceedings, was based on a mistaken belief, and if so, the implications for the property division orders.

The Full Court allowed the appeal, setting aside the orders of Brown J. The Court reasoned that the husband's claims were dismissed on the basis of a mistaken belief regarding the confiscation of the Prague property. Evidence, including a letter from the husband's Czech solicitor and his own affidavit, indicated that the property had been transferred to the State of the Czech Republic in 1979 due to a debt, not illegally confiscated by the Nazis or subsequently by Czech authorities in a manner that would warrant reparation. The solicitor's letter detailed the unsuccessful legal attempts to reclaim the property, concluding that the State's acquisition was in accordance with legal requirements. The husband's affidavit confirmed his belief that the property had not belonged to his parents since 1979 and that he had no expectation of its return. Consequently, the Court found that the dismissal of the husband's claims was erroneous.

The Court ordered that paragraphs 2, 3, and 4 of the respondents' applications be dismissed. Furthermore, the respondents were ordered to pay the husband's costs of the appeal and the application before Brown J. The Court also certified that the matter reasonably required the attendance of counsel, including senior counsel.