| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
S CI 2009 7819
| JAN TALACKO (As executor of the Estate of Helena Marie Talacko) AND ORS (According to the schedule attached) | Plaintiffs |
| v | |
| JAN EMIL TALACKO AND ORS (According to the schedule attached) | Defendants |
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JUDGE: | McDONALD J |
WHERE HELD: | Melbourne |
DATES OF HEARING: | 2, 3, 5, 6, 9, 10, 11, 12, 13, 25, 26, 27 March 2015 |
DATE OF JUDGMENT: | 7 August 2015 |
CASE MAY BE CITED AS: | Talacko v Talacko |
MEDIUM NEUTRAL CITATION: | [2015] VSC 287 |
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CONSIPRACY TO INJURE —defendants did not have sole or dominant purpose of harming the plaintiffs — defendants’ primary motivation was self-interest to preserve ownership of properties which had been restituted to the first defendant within first defendant’s immediate family
UNLAWFUL MEANS CONSPIRACY —transfer of assets from first defendant to second and third defendants constituted an equitable fraud — first to fourth defendants were parties to an agreement to injure the plaintiffs — any loss as a result of agreement to transfer properties from first defendant to second and third defendants contingent upon outcome of ongoing legal proceedings in Czech Republic.
INDUCING BREACH OF CONTRACT — second to fourth defendants provided advice and encouragement to the first defendant prior to his breach of terms of settlement — conduct not actionable as inducing breach of contract.
TRUSTS — Barnes v Addy (1874) 9 Ch App 244 — No express or implied trust created by terms of settlement.
Section 172 Property Law Act 1958 (Vic) — transfer of property from first to fourth defendant shortly after commencement of legal proceedings against first defendant — transfer not for valuable consideration — transfer voidable; transfer of property from fifth defendant to sixth defendant — none of plaintiffs’ claims against fifth defendant successful — plaintiffs not persons prejudiced by transfer.
Property Law Act 1958 (Vic) s 172; Evidence (Miscellaneous Provisions) Act 1958 s 42E; Civil Procedure Act 2010 (Vic) s 56; Supreme Court (General Civil Procedure) Rules 2005 (Vic) rr 2.04(1), 7.02(1), 7.04, 9.09(2), 16.03, 66.10(3), 77.06; Administration and Probate Act 1958 (Vic) s 9; Foreign Judgments Act 1991 (Cth) s 15; Bankruptcy Act 1966 (Cth) s 58(3).
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APPEARANCES: | Counsel | Solicitors |
| For the First Plaintiff For the Second to Fifth Plaintiffs | In person Mr S Howells | Tolhurst, Druce & Emmerson |
| For the First, Second and Third Defendants For the Fourth Defendant For the Fifth and Sixth Defendants Seventh Defendant | No appearance Mr L Glick QC Mr P Crutchfield QC No appearance | Strongman & Crouch SBA Lawyers |
TABLE OF CONTENTS
SUMMARY OF FINDINGS................................................................................................. 1
(i)......... Conspiracy to injure.......................................................................................... 1
(ii)........ Unlawful means conspiracy............................................................................. 1
(iii)...... Barnes v Addy claims.......................................................................................... 1
(iv)....... Inducing breach of contract.............................................................................. 2
(v)........ Section 172 Property Law Act: 312 Glenferrie Road, Malvern..................... 2
(vi)....... Section 172 Property Law Act: 23 Ethel Street, Malvern............................... 2
Introduction............................................................................................................................ 2
The first defendant’s breach of the 2001 terms…
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- AGLC
- Talacko v Talacko [2015] VSC 287
- Case
- [2015] VSC 287
- Decision Date
CaseChat Overview and Summary
The primary legal issues in the case were whether the defendants had conspired to injure the plaintiffs and whether the transfer of assets constituted an equitable fraud. Additionally, the court needed to determine if the second to fourth defendants had induced the first defendant to breach the terms of a settlement and if an express or implied trust was created by the terms of the settlement. The court also had to consider the applicability of various statutory provisions, including Section 172 of the Property Law Act 1958 (Vic), which addresses transfers of property shortly after legal proceedings commence.
The court found that the defendants did not have the sole or dominant purpose of harming the plaintiffs; their primary motivation was self-interest to preserve ownership of properties. The transfer of assets from the first defendant to the second and third defendants constituted an equitable fraud, as it was contingent upon the outcome of legal proceedings in the Czech Republic. The court held that while the first to fourth defendants were parties to an agreement to injure the plaintiffs, the second to fourth defendants' conduct in providing advice and encouragement to the first defendant prior to his breach of the settlement terms was not actionable as inducing breach of contract. Furthermore, no express or implied trust was created by the terms of the settlement. The transfer of property from the first to the fourth defendant was voidable under Section 172 of the Property Law Act 1958 (Vic), but the plaintiffs were not prejudiced by the transfer of property from the fifth to the sixth defendant.
The court dismissed all claims against the first to fourth defendants, except for the equitable fraud claim. The final orders included a declaration that the transfer of property from the first to the fourth defendant was voidable and that the first to fourth defendants conspired to injure the plaintiffs by engaging in an unlawful means conspiracy. The court also ordered the first to fourth defendants to account for any benefits obtained from the voidable transfer.
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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