FOTHERINGHAM V FOTHERINGHAM [1998] NSWCA 83

FOTHERINGHAM V FOTHERINGHAM [1998] NSWCA 83

The Court held that the Master erred in the assessment of the parties' respective contributions and misunderstood the proper valuation and evidence relating to the property and finances. The appropriate adjustment under the Act was determined to be 25% of the net value of the property at separation, resulting in an award of $90,000 to the respondent.

Parties
Appellant/defendant: Fotheringham; Respondent/plaintiff: Fotheringham
Jurisdiction
Australia
Judgment Date
28 August 1998
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
Appeal allowed, orders varied
Legal Topics
Property Adjustment, De Facto Relationships, Contributions Assessment, Costs Orders, Offers of Compromise
Family Law Property Adjustment De Facto Relationships Contributions Assessment Costs Orders Offers of Compromise

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Parties

Fotheringham

Appellant/defendant

Fotheringham

Respondent/plaintiff

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the Master erred in the assessment of contributions and the exercise of discretion under the De Facto Relationships Act 1984
  2. 2 Appropriate quantum of property adjustment
  3. 3 Application of s18(1) time limits to periods of cohabitation

Ratio Decidendi

The Court held that the Master erred in the assessment of the parties' respective contributions and misunderstood the proper valuation and evidence relating to the property and finances. The appropriate adjustment under the Act was determined to be 25% of the net value of the property at separation, resulting in an award of $90,000 to the respondent.

Court Disposition

Appeal allowed, orders varied

Orders

  • Order that the appeal be allowed
  • Order that O1 and O2 made by the Master on 19 November 1996 be set aside