A Pty Ltd & Ors v X (No. 2) [2010] NSWSC 1493

A Pty Ltd & Ors v X (No. 2) [2010] NSWSC 1493

It was just and equitable to order Y to pay X a lump sum of $1,400,000 because X made substantial non-financial contributions to the conservation, improvement and operation of several properties and businesses, made substantial homemaker and welfare contributions, and Y's offending against X's daughter was relevant as a negative contribution and to the relationship context. A lump sum order under s 38(1)(d) was appropriate because Y's assets were unclear and likely bankruptcy or insolvency made specific property orders inappropriate. Maintenance of $2,000 per week was appropriate because X could not adequately support herself before payment of the lump sum, her earning capacity had been...

Jurisdiction
Australia
Judgment Date
07 December 2010
Procedural Posture
Application by Cross Claimant for Orders Adjusting Property Interests and Maintenance Under the Property (relationships) Act 1984 (nsw) / Principal Judgment on Cross Claim
Outcome
Cross-claimant obtained lump sum property adjustment, maintenance and costs orders against the third cross-defendant.
Legal Topics
['adjustment of Property Interests of De Facto Partners' 'financial and Non Financial Contributions' 'homemaker Contributions' 'maintenance Pending Payment of Lump Sum' 'effect of Likely Bankruptcy on Property Adjustment' 'conviction for Sexual Abuse as Relevant Conduct']
['equity' 'de Facto Relationships' 'property Adjustment' 'maintenance' 'bankruptcy'] ['adjustment of Property Interests of De Facto Partners' 'financial and Non Financial Contributions' 'homemaker Contributions' 'maintenance Pending Payment of Lump Sum' 'effect of Likely Bankruptcy on Property Adjustment' 'conviction for Sexual Abuse as Relevant Conduct']

Case Brief

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Procedural Posture

Application by Cross Claimant for Orders Adjusting Property Interests and Maintenance Under the Property (relationships) Act 1984 (nsw) / Principal Judgment on Cross Claim

Legal Issues

  1. 1 ['Whether X should receive a lump sum order under s 20 and s 38(1)(d) of the Property (Relationships) Act 1984 (NSW).' "How to assess the parties' financial, non-financial and homemaker contributions where Y brought substantial wealth to the relationship and his current assets were unclear." "Whether Y's likely bankruptcy affected the making or form of property adjustment orders." "Whether Y's conviction for sexual abuse of X's daughter was relevant to assessing contributions and the nature and incidents of the relationship." 'Whether X was entitled to maintenance under s 27 of the Property (Relationships) Act 1984 (NSW).']

Ratio Decidendi

It was just and equitable to order Y to pay X a lump sum of $1,400,000 because X made substantial non-financial contributions to the conservation, improvement and operation of several properties and businesses, made substantial homemaker and welfare contributions, and Y's offending against X's daughter was relevant as a negative contribution and to the relationship context. A lump sum order under s 38(1)(d) was appropriate because Y's assets were unclear and likely bankruptcy or insolvency made specific property orders inappropriate. Maintenance of $2,000 per week was appropriate because X could not adequately support herself before payment of the lump sum, her earning capacity had been...

Court Disposition

Cross-claimant obtained lump sum property adjustment, maintenance and costs orders against the third cross-defendant.

Orders

  • ['Order that within 30 days the third cross-defendant pay to the cross-claimant the sum of $1,400,000.' 'Order that the third cross-defendant pay the cross-claimant $2,000 per week by way of maintenance until payment is made in full of the amount the subject of order one.' 'Direct that the exhibits be dealt with in...