Nicolitsa Togias v State of New South Wales

The plaintiff, Nicolitsa Togias, sought a declaration that a constructive trust should be imposed over two properties that were forfeited to the State of New South Wales as proceeds of crime. The former registered proprietor of the properties was Togias' de facto partner, and she claimed an interest in the properties due to her indirect financial contributions and domestic duties performed during their relationship. Togias continued to reside in and pay the mortgage of one of the properties after it was vested in the Crown, and she argued that this warranted a beneficial interest in the properties. The case was heard and determined by the Supreme Court of New South Wales.

The primary legal issues before the court were whether Togias' indirect financial contributions and domestic duties were sufficient to establish a beneficial interest in the properties, and whether her continued occupation and mortgage payments post-forfeiture could be considered in determining her interest. The court had to consider the principles of constructive trusts, particularly in the context of family and domestic relationships, and whether they could apply to a situation where the property was forfeited to the State.

The court held that Togias' indirect contributions, such as homemaking and working in her ex-partner's business, could be recognised as financial contributions. However, these contributions, along with her continued occupation and mortgage payments, did not establish a sufficient beneficial interest to warrant the imposition of a constructive trust. The court found that the nature of the contributions and the fact that the properties were forfeited to the State as proceeds of crime distinguished this case from typical domestic relationship property disputes. Consequently, the court dismissed Togias' claim for a declaration of constructive trust over the properties.

The final orders of the court were that Nicolitsa Togias' claim for a declaration of constructive trust over the two properties forfeited to the State of New South Wales was dismissed, with no order as to costs.