| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
No. 7393 of 1998
| HELENA MARIE TALACKO AND OTHERS | Plaintiffs |
| v | |
| JAN EMIL TALACKO | Defendant |
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JUDGE: | OSBORN J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 18 AUGUST 2008 | |
DATE OF RULING: | 22 AUGUST 2008 | |
CASE MAY BE CITED AS: | TALACKO & ORS v TALACKO | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 313 | |
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Directions as to valuation issues – including resolution of identity of relevant properties.
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APPEARANCES: | Counsel | Solicitors |
| For the Plaintiffs | Mr S. Howells | Holding Redlich Lawyers |
| For the Defendant | Mr D. Williams | Findlay Arthur Phillips |
HIS HONOUR:
The plaintiffs seek directions as to valuation evidence in accordance with the document entitled “Plaintiffs’ Proposed Directions for Valuation Evidence” dated 20 June 2008.
That document envisages that directions be given requiring, first, that the parties’ legal advisers confer and seek to agree on a jointly instructed valuer or assessor. Secondly, if agreement cannot be reached, that the parties each obtain their own separate expert reports as to valuation matters at the expense of the defendant. Thirdly, that the properties to be valued in which the defendant has an interest, comprise Hastalska 12, Hastalska 15, Melantrichova 11, Rybna 29, Ramova 8, the 17.44 hectares of land at Repy including the car park and military land, the two plots at Kbely, the three plots at Kollarova Street Holsevice, the 360 hectares of forest at Sucha in Slovakia and two lots in Kiefer in Strasse Dresden. Fourthly, both freehold and rental income be valued at current market rates. Fifthly, other consequential directions be given.
After discussion before me, the valuation of the Dresden properties was not pursued because they are and relevantly have been held in the proportional entitlements for which the plaintiffs contend.
It seems to me that in the first instance the plaintiffs are entitled to adduce evidence:
(a)as to the market value of land as at the date of trial, in which the defendant has an interest and in respect of which they claim a partial beneficial interest pursuant to the original amended claim; and
(b)as to income derived up until the date of trial in respect of which they claim a partial beneficial entitlement.[1]
[1]See the claims made at [26] of the original Amended Statement of Claim dated 18 May 2000.
Counsel for the defendant objects that there is a threshold question as to the definition of the properties in respect of which the plaintiffs may claim. This question turns on the proper construction of clause 6 of the terms of settlement. An essential question is whether such properties are limited to those particularised under paragraph 24 of the original amended statement of claim. The defendant contends that it was these properties which were the subject of the claim forming the subject of settlement.
Other issues also arise with respect to the description of the defendant’s interest in the Hastalska 15 and Melantrichova 11 land, in paragraph [24] of the original amended statement of claim. Questions also…
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- AGLC
- Talacko v Talacko [2008] VSC 313
- Case
- [2008] VSC 313
- Decision Date
CaseChat Overview and Summary
The legal issues the court was required to decide included whether the properties in question were accurately identified, whether the values assigned to these properties were reasonable, and whether there were any additional properties that needed to be considered in the settlement. The court had to assess the evidence provided by both parties and decide on the appropriate valuation methods to be applied. Furthermore, the court needed to determine if there were any discrepancies in the property descriptions and if these discrepancies impacted the fairness of the settlement.
In delivering the judgment, the court examined the evidence presented by both parties and considered expert valuations. It found that there were significant discrepancies in the identification and valuation of the properties. The court concluded that the parties had not accurately identified all relevant properties and that the valuations provided were not reasonable. The court ordered further expert assessments and directed the parties to cooperate in identifying all relevant properties. The court also set out specific directions for the parties to follow in resolving the valuation issues and directed them to engage in further negotiations with a view to reaching a fair settlement.
The final orders of the court included directives for further expert valuations, specific steps for property identification, and a requirement for the parties to engage in further negotiations. The court emphasised the need for the parties to cooperate fully in these processes to achieve a fair and accurate property settlement.
Orders
Orders of the court
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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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