Miglietta v Biesiada [1999] NSWSC 1206

Miglietta v Biesiada [1999] NSWSC 1206

The Court found, on the balance of probabilities, that a de facto relationship between the plaintiff and defendant existed from 1971 to 1991, that the plaintiff contributed to the defendant's property and business during this period and was not adequately compensated; therefore, the plaintiff is entitled to a monetary award from the defendant.

Parties
Plaintiff: Bruno Miglietta; Defendant: Jenny Biesiada
Jurisdiction
Australia
Judgment Date
13 December 1999
Procedural Posture
Property (relationships) Act De Facto Relationship Property Dispute / Final Judgment at First Instance
Outcome
Judgment for the plaintiff in part
Legal Topics
De Facto Relationships, Existence of Relationship, Property Division, Credibility Assessment, Contributions During Relationship
Family Law Equity De Facto Relationships Existence of Relationship Property Division Credibility Assessment Contributions During Relationship

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bruno Miglietta

Plaintiff

Jenny Biesiada

Defendant

Procedural Posture

Property (relationships) Act De Facto Relationship Property Dispute / Final Judgment at First Instance

Legal Issues

  1. 1 Whether a de facto relationship existed between the parties from 1971 to 1991
  2. 2 Whether the plaintiff is entitled to a share in the defendant's property or compensation for contributions made during the relationship

Ratio Decidendi

The Court found, on the balance of probabilities, that a de facto relationship between the plaintiff and defendant existed from 1971 to 1991, that the plaintiff contributed to the defendant's property and business during this period and was not adequately compensated; therefore, the plaintiff is entitled to a monetary award from the defendant.

Court Disposition

Judgment for the plaintiff in part

Orders

  • The defendant is to pay the plaintiff $20,000.
  • No order as to costs; each party bears their own costs.