Edwards v Harris [2012] NSWSC 1

Edwards v Harris [2012] NSWSC 1

No adjustment order should be made as the relationship was short (less than two years), the Plaintiff made no contribution to the Defendant's damages award, the evidence did not establish unequal contributions requiring adjustment, almost all property was separately acquired and retained by the respective parties, allegations of family violence were not proven on the balance of probabilities, and the remaining property was of minimal value after legal expenses and living costs; thus, it was not just and equitable to make an order.

Parties
Plaintiff: Amanda Edwards; Defendant: Charles Harris
Jurisdiction
Australia
Judgment Date
03 February 2012
Procedural Posture
Adjustment of Property Interests Under Property (relationships) Act 1984 / Principal Judgment
Outcome
Plaintiff's claim dismissed
Legal Topics
Adjustment of Property Interests, De Facto Relationships, Contributions (financial and Non Financial), Family Violence, Property Valuation, Add Backs
Equity Family Law Adjustment of Property Interests De Facto Relationships Contributions (financial and Non Financial) Family Violence Property Valuation Add Backs

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Parties

Amanda Edwards

Plaintiff

Charles Harris

Defendant

Procedural Posture

Adjustment of Property Interests Under Property (relationships) Act 1984 / Principal Judgment

Legal Issues

  1. 1 Whether it is just and equitable to adjust property interests between former de facto partners under s 20 of the Property (Relationships) Act 1984
  2. 2 Evaluation of financial and non-financial contributions
  3. 3 Effect of family violence on contributions

Ratio Decidendi

No adjustment order should be made as the relationship was short (less than two years), the Plaintiff made no contribution to the Defendant's damages award, the evidence did not establish unequal contributions requiring adjustment, almost all property was separately acquired and retained by the respective parties, allegations of family violence were not proven on the balance of probabilities, and the remaining property was of minimal value after legal expenses and living costs; thus, it was not just and equitable to make an order.

Court Disposition

Plaintiff's claim dismissed

Orders

  • Order that the Plaintiff's claim be dismissed.
  • No order as to costs.