Sgouros and Glezos - [2019] FamCA 63

FAMILY COURT OF AUSTRALIA

SGOUROS & GLEZOS

[2019] FamCA 63

FAMILY LAW – PROPERTY – final property settlement – where the parties were married for 28 years and had seven children – where the husband ceased working in the parties’ business in 2009 – where the wife continues to operate the business – where the business has a nil value – finding that the contributions are equal – Section75(2) adjustment due to income-earning disparity.

Family Law Act 1975 (Cth) ss 75(2), 79
Evidence Act 1995 (Cth) s 140

Bevan & Bevan [2013] FamCAFC 116; (2013) FLC 93-545
Chapman & Chapman [2014] FamCAFC 91; (2014) FLC 93-592
Pulukuri & Pulukuri [2013] FamCA 132
Re F: Litigants in Person Guidelines [2001] FamCA 348
Rosati & Rosati [1998] FamCA 38; (1998) FLC 92-804
Stanford v Stanford (2012) 247 CLR 108
Watson & Ling [2013] FamCA 57; (2013) FLC 93-527

APPLICANT:

Mr Sgouros

RESPONDENT:

Ms Glezos

FILE NUMBER:

MLC

5878

2012

DATE DELIVERED:

6 February 2019

PLACE DELIVERED:

Melbourne

PLACE HEARD:

Melbourne

JUDGMENT OF:

Johns J

HEARING DATE:

4 August 2016, 12, 13, 18 & 21 September 2017, 23, 24, 25 and 26 October 2017

Final Written Submissions received 27 November 2017

REPRESENTATION

THE APPLICANT:

In Person

COUNSEL FOR THE RESPONDENT:

Mr Salamanca

SOLICITOR FOR THE RESPONDENT:

Berger Kordos Lawyers

Orders

That within 60 days (“the Date”) the husband pay or cause to be paid to the wife the sum of $114,000 (“the Payment”).
That contemporaneously with the Payment:-
(a)       the husband do all acts and things as may be required to transfer to the wife at her expense all his right title and interest in the property situate at and known as B Street, C Town (“C Town”) and the wife indemnify the husband and keep him indemnified against all payments, rates, taxes, outgoings of or with respect to C Town;
(b)       the wife do all such acts and things as may be required to withdraw any caveat lodged by her or on her behalf against the title to the property situate at and known as D Street, Suburb E (“D Street”);
(c)       the husband and the wife do all acts and things to transfer to the wife moneys held on trust for them in the CBA Term Deposit.
That the husband retain his right title and interest in:-
(a)       D Street;
(b)       The boat and trailer;
(c)       The Motor vehicle 1 registered in his name;
(d)       The chattels in his possession.
That the wife retain her right, title and interest in:-
(a)              The Entities, being:-
(i)            F Pty Ltd as trustee for the Glezos Family Trust;
(ii)           G Pty Ltd as trustee for the G Family Trust;
(iii)H Pty Ltd as trustee for the Sgouros Investment Trust (“H”)(“the Entities”);
(b)              The property situate at and known as J Street, Suburb K (“J Street”) registered in the name of H and the wife indemnify the husband in respect of all payments and liabilities pursuant to any mortgage secured…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Sgouros and Glezos

Details

AGLC: Sgouros and Glezos [2019] FamCA 63
Case: [2019] FamCA 63
Decision Date: 6 February 2019

CaseChat Overview and Summary

In the matter of Sgouros and Glezos, Johns J of the Family Court of Australia made orders concerning the division of property between a husband and wife. The dispute involved the distribution of various assets, including real estate, financial assets, and company interests, following the breakdown of the marriage.

The court was required to determine how the parties' various assets and liabilities should be divided and allocated between them. This included deciding the fate of properties located at B Street, C Town and D Street, Suburb E, as well as interests in several trusts and companies, a term deposit, a motor vehicle, a boat, and various chattels. The court also had to address the issue of indemnities for liabilities associated with these assets.

Johns J ordered the husband to pay the wife a sum of $114,000 within 60 days. Contemporaneously with this payment, the husband was to transfer his interest in the C Town property to the wife, who would then indemnify him against all associated outgoings. The wife was to withdraw any caveat lodged against the D Street property, and both parties were to transfer moneys held in a CBA Term Deposit to the wife. The husband was to retain his interest in the D Street property, a boat, a motor vehicle, and chattels in his possession. The wife was to retain her interests in the Entities (F Pty Ltd, G Pty Ltd, and H Pty Ltd), the J Street property (with an indemnity to the husband for liabilities), and chattels in her possession. The wife was also to indemnify the husband against all liabilities of the Entities. In the event the $114,000 payment was not made by the due date, the husband was to sell the D Street property, with the proceeds applied first to sale costs, then to the outstanding payment with interest, and any balance to the husband. The orders also stipulated that each party would be solely entitled to property in their possession, with specific provisions for bank accounts, superannuation, insurance policies, debts, and the severance of any joint tenancies.

Orders

Orders of the court

That within 60 days (“the Date”) the husband pay or cause to be paid to the wife the sum of $114,000 (“the Payment”).

That contemporaneously with the Payment:-

(a) the husband do all acts and things as may be required to transfer to the wife at her expense all his right title and interest in the property situate at and known as B Street, C Town (“C Town”) and the wife indemnify the husband and keep him indemnified against all payments, rates, taxes, outgoings of or with respect to C Town;

(b) the wife do all such acts and things as may be required to withdraw any caveat lodged by her or on her behalf against the title to the property situate at and known as D Street, Suburb E (“D Street”);

(c) the husband and the wife do all acts and things to transfer to the wife moneys held on trust for them in the CBA Term Deposit.

That the husband retain his right title and interest in:-

(a) D Street;

(b) The boat and trailer;

(d) The chattels in his possession.

That the wife retain her right, title and interest in:-

(a) The Entities, being:-

(i) F Pty Ltd as trustee for the Glezos Family Trust;

(ii) G Pty Ltd as trustee for the G Family Trust;

(iii) H Pty Ltd as trustee for the Sgouros Investment Trust (“H”)(“the Entities”);

(b) The property situate at and known as J Street, Suburb K (“J Street”) registered in the name of H and the wife indemnify the husband in respect of all payments and liabilities pursuant to any mortgage secured against the title to the said property and all rates, taxes and outgoings of J Street of whatsoever nature or kind;

(d) Moneys held in the CBA Term Deposit;

(e) The chattels in her possession.

That the wife indemnify the husband and keep him indemnified in respect of any and all liabilities of the Entities, including but not limited to any taxation or mortgage liability.

That in the event that the Payment is not paid by the Date the husband do all acts and things as may be required to sell D Street upon such terms and conditions as agreed between the parties and the proceeds of sale be applied as follows:-

(a)First to pay all costs and commissions of and incidental to the Sale;

(b) Second to pay to the wife so much of the Payment as is then outstanding together with interest thereon calculated at the rate prescribed pursuant to the Family Law Rules 2004 (Cth).

That in default of agreement as to the appointment of the selling agent for D Street the agent shall be nominated by the President of the Real Estate Institute of Victoria or his nominee.

That there be liberty to apply with respect to the terms and conditions of the Sale.

That unless otherwise specified in these orders and save for the purposes of enforcing the payment of any money due under these or any subsequent orders:-

(a) Each party be solely entitled to the exclusion of the other to all property including choses-in-action in the possession of such party as at the date of these orders;

(b) Any money standing to the credit of the parties in a bank account are to be retained by the party in whose name the account appears;

(c) Each party foregoes any claim they may have to any superannuation benefit that is belonging to or owned by the other;

(d) All insurance policies are to become the sole property of the owner named thereon;

(e) Each party be liable for any debt in their name including credit card debts and indemnify the other against any personal guarantees given by them in their capacity as company director and any liability encumbering any item of property to which the party is entitled pursuant to these orders;

(f) Any joint tenancy of the parties in any real or personal estate is hereby expressly severed.

10.

That pursuant to r 19.50 of the Family Law Rules 2004 (Cth) this matter involved the reasonable and proper engagement of counsel.

11.

That all extant applications be otherwise dismissed.

IT IS DIRECTED

12.

That all documents produced to the Court pursuant to subpoena and exhibits relied upon by the parties be returned by the subpoena clerk of the Family Court of Australia, Melbourne Registry, to the person or organisation who produced same after the expiration of thirty (30) days from the date of these orders, or otherwise upon the conclusion of any appeal.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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