Ziino v Crabtree

The matter of Ziino v Crabtree before the court involved a dispute concerning the existence of a de facto relationship between the parties and the financial implications of such a relationship, if it existed. The plaintiff, Ziino, sought to establish that she and the defendant, Crabtree, were in a de facto relationship and, on that basis, to claim a share of the proceeds from the sale of a property in which the defendant held title. Additionally, Ziino sought repayment of sums of money she claimed the defendant had received on her behalf without authorisation.

The primary legal issue before the court was whether the plaintiff and defendant were in a de facto relationship, which would entitle the plaintiff to a share of the proceeds from the sale of the defendant's property. A secondary issue was whether a constructive trust should be imposed on the property or its sale proceeds, given the plaintiff's significant financial contributions. Furthermore, the court had to determine if the plaintiff was entitled to repayment of unauthorised payments made to the defendant.

The court found that while the parties were having an affair, they were not living together as a couple and, therefore, were not in a de facto relationship. Consequently, the plaintiff was not entitled to a share of the property or its proceeds. However, the court held that a constructive trust should be imposed on the property because of the plaintiff's significant financial contributions. In addition, the court ruled that the plaintiff was entitled to be repaid the amounts the defendant had received on her behalf without authorisation, as these were moneys had and received by the defendant to the use of the plaintiff.

The court ordered that a constructive trust be imposed on the property, reflecting the plaintiff's contributions. Furthermore, the defendant was directed to repay the plaintiff the amounts received without her authorisation. The specific amounts and the manner of repayment were to be determined in subsequent proceedings.