Trahana v Foley [2000] NSWSC 1086

Trahana v Foley [2000] NSWSC 1086

The adjustment of property interests must reflect each party's financial and non-financial contributions, with the Defendant entitled to half the net proceeds of sale of the High Street property, half the profit on the sale of 289 Norton Street, legal ownership of a motor vehicle, and declarations as to other property, but not as extensive an award as she claimed, nor as limited as the Plaintiff suggested. The Defendant's contributions towards certain properties were significant but did not extend to property held by Vaneda or Arkos companies.

Parties
Plaintiff; Cross Defendant: George Apollo Trahana; Defendant; Cross Claimant: Veronica Christine Foley
Jurisdiction
Australia
Judgment Date
24 November 2000
Procedural Posture
Proceedings Under the De Facto Relationships Act 1984 (now Property (relationships) Act 1984) / Judgment After Hearing and Written Submissions
Outcome
Orders for stand over for short minutes reflecting judgment and referral to Director of Public Prosecutions; directions for adjustment of interests as reasoned.
Legal Topics
De Facto Relationships, Adjustment of Property Interests, Contributions to Relationship, Authority to Sign Transfers
Family Law Property Law De Facto Relationships Adjustment of Property Interests Contributions to Relationship Authority to Sign Transfers

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Parties

George Apollo Trahana

Plaintiff; Cross Defendant

Veronica Christine Foley

Defendant; Cross Claimant

Procedural Posture

Proceedings Under the De Facto Relationships Act 1984 (now Property (relationships) Act 1984) / Judgment After Hearing and Written Submissions

Legal Issues

  1. 1 What adjustment of the parties' interests in property is appropriate under section 20 of the Property (Relationships) Act 1984 given the respective contributions?
  2. 2 Was the Plaintiff authorised to sign the Defendant's name to property transfers, and what are the consequences of such conduct?

Ratio Decidendi

The adjustment of property interests must reflect each party's financial and non-financial contributions, with the Defendant entitled to half the net proceeds of sale of the High Street property, half the profit on the sale of 289 Norton Street, legal ownership of a motor vehicle, and declarations as to other property, but not as extensive an award as she claimed, nor as limited as the Plaintiff suggested. The Defendant's contributions towards certain properties were significant but did not extend to property held by Vaneda or Arkos companies.

Court Disposition

Orders for stand over for short minutes reflecting judgment and referral to Director of Public Prosecutions; directions for adjustment of interests as reasoned.

Orders

  • The matter is stood over to a date to be fixed for the bringing in of short minutes of order reflecting the conclusions in the judgment and, if desired, to receive argument as to costs.
  • The Registrar is directed to refer the papers to the Director of Public Prosecutions.