Stamatou & Stamatou

The case of Stamatou & Stamatou involved a dispute over the division of property between a husband and wife. The wife claimed that the husband's elderly parents held title to a property on trust for her and the husband. She also claimed that the husband's parents represented to them that the property was theirs, and they acted on those representations to their detriment. The wife sought to include the property in the matrimonial asset pool for division between the husband and wife. The husband and his parents denied the relevant representations were made and that the husband and wife had suffered detriment. The court found that a proprietary estoppel by representation had arisen in favour of the husband and wife and that the husband's parents held their title in the property on trust for the husband and wife. The court also made an adjustment in favour of the wife on the basis of family violence perpetrated by the husband and the husband's failure to make proper disclosure. The court ordered that the property be sold and the proceeds divided, with the wife receiving 60% of the asset pool.
The legal issues considered by the court were whether a proprietary estoppel by representation or by acquiescence had arisen in favour of the husband and wife, whether an adjustment by reason of family violence or s 75(2) factors should be made, and how the property and other assets should be divided between the parties. The court found that a proprietary estoppel by representation had arisen, an adjustment in favour of the wife should be made, and the property and other assets should be divided on a 60/40 basis in favour of the wife. The court also made orders regarding the sale of the property, retention of motor vehicles, chattels and superannuation by the parties, and costs.