Tschipan v Tschipan [2000] NSWSC 734

Tschipan v Tschipan [2000] NSWSC 734

The plaintiff did not establish that her financial and non-financial contributions equalled or exceeded those of the defendant, and thus was not entitled to an adjustment of property interests. Where evidence on material matters was in conflict and unsupported, the evidence of the defendant was preferred. Relief in relation to additional chattels or assets was not satisfied on the evidence.

Parties
Plaintiff and Cross Defendant: Patcharintra Oscar Tschipan; Defendant and Cross Claimant: Peter Heinrich Tschipan
Jurisdiction
Australia
Judgment Date
28 July 2000
Procedural Posture
De Facto Relationship Property Dispute / Final Judgment at First Instance
Outcome
Plaintiff's suit dismissed, costs to defendant, further directions for short minutes in respect of the cross-claim to be brought in.
Legal Topics
De Facto Relationship, Adjustment of Property Interests, Financial and Non Financial Contributions, Homemaker Contributions, Division of Property
Family Law Equity De Facto Relationship Adjustment of Property Interests Financial and Non Financial Contributions Homemaker Contributions Division of Property

Case Brief

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Parties

Patcharintra Oscar Tschipan

Plaintiff and Cross Defendant

Peter Heinrich Tschipan

Defendant and Cross Claimant

Procedural Posture

De Facto Relationship Property Dispute / Final Judgment at First Instance

Legal Issues

  1. 1 Whether the plaintiff made sufficient contributions to justify an adjustment of property interests under the De Facto Relationships Act 1984
  2. 2 Appropriate date of commencement of the de facto relationship
  3. 3 Entitlement to assets asserted to be owned by either party

Ratio Decidendi

The plaintiff did not establish that her financial and non-financial contributions equalled or exceeded those of the defendant, and thus was not entitled to an adjustment of property interests. Where evidence on material matters was in conflict and unsupported, the evidence of the defendant was preferred. Relief in relation to additional chattels or assets was not satisfied on the evidence.

Court Disposition

Plaintiff's suit dismissed, costs to defendant, further directions for short minutes in respect of the cross-claim to be brought in.

Orders

  • The suit of the plaintiff is dismissed.
  • Proceedings stood over to a date to be fixed for bringing in short minutes with respect to the cross-claim of the defendant.