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Karabagias, Theodoras v Katopodis, Georgia [2022] VSCA 191

PROPERTY, EQUITY AND TRUSTS
Victorian Court of Appeal
Judge(s): 
Sifris, Kennedy and Walker JJA
Parties: 

Karabagias, Theodoras v Katopodis, Georgia

Judgment Date: 
8 September 2022
Catchwords: 

PROPERTY, EQUITY AND TRUSTS - Alleged representations made to applicant by parents of ex-wife - Applicant expended majority of sole asset renovating parents' property prior to separation from ex-wife - Judge held alleged representations not made and dismissed claim for constructive trust and equitable compensation - Whether judge gave sufficient reasons for finding that representations not made - Judge's reasons do not reveal basis on which findings made - Reasons do not reveal why respondent's evidence preferred over applicant's - Hunter v Transport Accident Commission [2005] VSCA 1, applied - Appeal allowed - Matter remitted for rehearing.

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