Stelzer v McDonald [1999] NSWSC 602

Procedural Posture

Application Under the De Facto Relationships Act 1984 (nsw) for Declaration and Adjustment of Property Interests, With Cross Claim / Ex Tempore Judgment After Hearing

Legal Issues

1. 1 ['Whether the parties lived together in a de facto relationship for the period alleged by the plaintiff or only for a shorter period.' 'Whether the Court could make an order adjusting property interests where the de facto relationship was less than two years but substantial contributions were made.' 'What financial, non-financial and homemaker contributions should be considered in determining a just and equitable adjustment of property interests.' 'Whether the plaintiff should be declared beneficial owner of 117 Holt Road, Taren Point and how the joint account should be distributed.']

Ratio Decidendi

The de facto relationship commenced in about April 1994, not August 1989, because until then the parties maintained significant separateness, including separate premises and finances, despite an intimate and close relationship. Although the relationship was less than two years, both parties made substantial contributions, permitting adjustment under s 17(2)(b)(i). Considering the whole relationship realistically, including financial contributions, homemaker contributions, the plaintiff's greater cash contribution to the development, the defendant's substantial building and project contributions, the short duration of the de facto relationship, and the plaintiff's occupation of 117 Holt...

Court Disposition

Property interests adjusted; matter adjourned for short minutes and costs argument.

Orders

• ['The plaintiff is entitled to the beneficial interest in the property at 117 Holt Road, Taren Point.' 'The defendant is entitled to the balance of the joint account including the money already paid to him, less $25,000 to be paid to the plaintiff.' 'The matter is adjourned to enable the parties to bring in short...