Stefopoulos v Manikas (No 3)

The matter before the Court involved a dispute between the applicant, Ms Stefopoulos, and the respondent, Mr Manikas, over a property located at 23A Ocean View Road, Point Piper. The central issue was whether the property could be sold without the consent of the respondent, who was the registered owner. This was the third instance in which the case had been before the Court, highlighting the contentious nature of the dispute.

The legal issues that the Court needed to address included the interpretation of a settlement agreement that the parties had signed, the nature of the interests held by each party in the property, and the implications of the Family Law Act 1975 in the context of property disputes arising from de facto relationships. The Court had to determine whether the agreement effectively conveyed the respondent's interest in the property to the applicant, and whether the agreement was valid and binding.

In its decision, the Court found that the settlement agreement was valid and enforceable, and that it did convey the respondent's interest in the property to the applicant. The Court also held that the agreement was not affected by any provisions of the Family Law Act. The Court ordered that the property be sold, with the proceeds distributed according to the terms of the agreement. The Court further ordered that the applicant pay two thirds of the respondent's costs, with those costs to be assessed according to the Legal Profession Act 1987.