NSW Trustee and Guardian v Togias

The appeal concerned a dispute over beneficial interests in two properties, the Glenwood Property and the Northmead Property, which were subject to a Forfeiture Order made under the *Criminal Assets Recovery Act 1990* (NSW) against the respondent's former de facto partner. The respondent, Ms. Togias, claimed a beneficial interest in these properties, arguing that her contributions to a "joint relationship and endeavour" with her former partner entitled her to a share. The NSW Trustee and Guardian, as the administrator of the forfeited assets, challenged Ms. Togias's claim. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether Ms. Togias had established a beneficial interest in the Glenwood Property and the Northmead Property, and if so, the extent of that interest. This involved determining whether the principles established in *Baumgartner v Baumgartner* were applicable, specifically whether a joint relationship and endeavour existed, and how Ms. Togias's contributions, including domestic duties, child-rearing, and work in a business founded by her former partner, translated into an equitable interest in the properties. The court also considered challenges to the findings regarding the establishment of Ms. Togias's contributions and the application of the maxim "equity is equality."

The Court of Appeal allowed the appeal in part. It set aside the previous orders, save for specific provisions, and declared that the NSW Trustee and Guardian held the Glenwood Property as to a one-quarter interest on trust for Ms. Togias. Additionally, the court imposed a charge in favour of Ms. Togias for any excess payments she made towards rates, charges, and mortgage instalments since 29 January 2010, less a notional occupation fee. The matter was remitted to the Equity Division for further consequential orders, and Ms. Togias was ordered to pay 50 per cent of the appellant's costs of the appeal, with liberty to apply for a different costs order within 14 days.