Vasiliou v Marchesi

Vasiliou v Marchesi involved a dispute between the appellants, Mr Vasiliou and Ms Apostolou, and the respondent, Mr Marchesi. The central issue was the validity of a purported transfer of properties from Mr Vasiliou to a trust, the VFT, through Optquest as trustee. The appellants challenged the primary judge’s findings that the transfer was never completed and that Mr Vasiliou retained control of the properties. The appeal raised questions about the admissibility of certain evidence and the primary judge's assessment of witness credibility.

The court examined whether the appellants had provided a proper basis for leave to appeal, considering the primary judge's detailed reasoning and the appellants' decision not to seek an adjournment of the trial. The court also reviewed the evidence of Mr Dwyer, Mr Vasiliou’s solicitor, who testified about the intended transfer but noted that the process was abandoned due to high stamp duty costs. The primary judge accepted Mr Dwyer’s evidence over the appellants' claims of misapplication of funds, finding that Mr Vasiliou retained the properties. The court found that the appellants' arguments lacked merit and did not establish a basis for overturning the primary judge's findings.

The court concluded that the appellants' grounds of appeal were without merit and rejected their submissions. It found that the primary judge’s conclusions were well-reasoned and supported by the evidence. The appeals were dismissed, and the appellants were ordered to pay the respondent's costs.