Dow v Smith [2007] NSWSC 992

Dow v Smith [2007] NSWSC 992

The plaintiff’s contributions, both financial ($16,000 from apartment sale, $18,000 mortgage repayments, other sums) and non-financial, were outweighed by the defendant’s contributions. The appropriate adjustment is for the plaintiff to transfer his interest in the Bronte property upon payment to him of $50,000, while each party retains personalty in their possession and bears their own costs.

Jurisdiction
Australia
Judgment Date
20 September 2007
Procedural Posture
Application for Adjustment of Property Interests / Final Hearing and Judgment
Outcome
property adjustment ordered; each party to bear own costs
Legal Topics
['property Adjustment' 'de Facto Relationship' 'contributions' 'property (relationships) Act 1984']
['equity' 'family Law'] ['property Adjustment' 'de Facto Relationship' 'contributions' 'property (relationships) Act 1984']

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Procedural Posture

Application for Adjustment of Property Interests / Final Hearing and Judgment

Legal Issues

  1. 1 ['What adjustment of property interests should be made between the parties under section 20 of the Property (Relationships) Act 1984?' 'Assessment of financial and non-financial contributions by the parties to their property.']

Ratio Decidendi

The plaintiff’s contributions, both financial ($16,000 from apartment sale, $18,000 mortgage repayments, other sums) and non-financial, were outweighed by the defendant’s contributions. The appropriate adjustment is for the plaintiff to transfer his interest in the Bronte property upon payment to him of $50,000, while each party retains personalty in their possession and bears their own costs.

Court Disposition

property adjustment ordered; each party to bear own costs

Orders

  • ['Plaintiff to transfer to defendant his interest in Bronte property upon payment to plaintiff of $50,000.' 'Defendant to procure release of plaintiff from any mortgage over Bronte property simultaneously with property transfer.' 'Each party declared owner of personalty acquired during relationship which is now in...