Talacko v. Talacko & Ors

Lower Court Judgment

30/04/2020 Supreme Court of Victoria (Court of Appeal) (Beach, McLeish and Niall JJA)

[2020] VSCA 99

27/06/2017 Supreme Court of Victoria (Court of Appeal) (Beach, McLeish JJA and Keogh AJA)

[2017] VSCA 163

07/12/2018 Supreme Court of Victoria (McDonald J)

[2018] VSC 751

20/12/2018 Supreme Court of Victoria (McDonald J)

[2018] VSC 807

Catchwords

Torts – Unlawful means conspiracy – Loss of chance – Where, in context of long dispute over properties in Prague, Slovakia, and Dresden, some of the respondents commenced proceedings in Supreme Court of Victoria alleging that applicant and members of her immediate family engaged in unlawful means conspiracy by executing donation agreements which purported to put certain interests in properties beyond reach of respondents – Where Supreme Court held that three of four elements of unlawful means conspiracy made out, but that pecuniary loss not established – Where Court of Appeal allowed appeal against that decision –  Whether reduction in chance to recover judgment debt, where that debt may yet be recovered, can constitute pecuniary loss sufficient to complete cause of action – Whether expenses incurred by one party in foreign proceedings can constitute pecuniary loss sufficient to complete cause of action in circumstances where foreign proceedings ongoing and where foreign court may order that party to bear its own expenses.