Smith v Forbes [2009] NSWDC 62

Smith v Forbes [2009] NSWDC 62

The court found that the parties made generally equal contributions to living expenses and that the plaintiff and her family contributed substantially more cash to property acquisition. The adjustment proposed by the plaintiff was fair and equitable, leading to the plaintiff being entitled to the remaining trust funds after liabilities. The defendant is indemnified for Bathurst property liabilities; the plaintiff is indemnified for company liabilities.

Jurisdiction
Australia
Judgment Date
09 April 2009
Procedural Posture
Civil / Judgment
Outcome
Orders adjusting property in favour of plaintiff, indemnities granted, costs awarded to plaintiff.
Legal Topics
['adjustment of Property Interests' 'de Facto Relationship' 'property (relationships) Act 1984']
['family Law'] ['adjustment of Property Interests' 'de Facto Relationship' 'property (relationships) Act 1984']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether the property interests of the parties should be adjusted under section 20 of the Property (Relationships) Act 1984.' 'Assessment of financial and non-financial contributions to the relationship and properties.' 'Determination of liabilities associated with properties and company.']

Ratio Decidendi

The court found that the parties made generally equal contributions to living expenses and that the plaintiff and her family contributed substantially more cash to property acquisition. The adjustment proposed by the plaintiff was fair and equitable, leading to the plaintiff being entitled to the remaining trust funds after liabilities. The defendant is indemnified for Bathurst property liabilities; the plaintiff is indemnified for company liabilities.

Court Disposition

Orders adjusting property in favour of plaintiff, indemnities granted, costs awarded to plaintiff.

Orders

  • ["The property interests of the parties are adjusted pursuant to section 20 of the Property (Relationships) Act 1984 so that the sum currently held in the trust account of the plaintiff's solicitor is to be held for the benefit of the plaintiff. From that sum the liabilities relating to the Bathurst properties are...