Christine Giselle Glatz -v- Anthony Walsh [2007] NSWSC 405

Christine Giselle Glatz -v- Anthony Walsh [2007] NSWSC 405

The respective contributions of the parties during the relationship, both financial and non-financial, including as homemaker and parent, justify orders for Plaintiff to retain Tully Avenue, Defendant to retain Bli Bli property, each to retain their own personalty, and the Broughton Street properties to be sold with net proceeds divided equally. No entitlement for Defendant to mesne profits as there was no ouster from the properties.

Parties
Plaintiff: Christine Giselle Glatz; Defendant: Anthony Walsh
Jurisdiction
Australia
Judgment Date
27 April 2007
Procedural Posture
Property Adjustment Under the Property (relationships) Act 1984 / Judgment After Hearing
Outcome
Orders for property adjustment; dismissal of Defendant's claim for mesne profits; no order as to costs barring further application.
Legal Topics
De Facto Relationships, Property Adjustment, Financial and Non Financial Contributions
Family Law De Facto Relationships Property Adjustment Financial and Non Financial Contributions

Case Brief

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Parties

Christine Giselle Glatz

Plaintiff

Anthony Walsh

Defendant

Procedural Posture

Property Adjustment Under the Property (relationships) Act 1984 / Judgment After Hearing

Legal Issues

  1. 1 Whether and how to adjust property interests between parties in a de facto relationship under the Property (Relationships) Act 1984 section 20
  2. 2 Whether the Defendant is entitled to mesne profits for use of properties post-separation

Ratio Decidendi

The respective contributions of the parties during the relationship, both financial and non-financial, including as homemaker and parent, justify orders for Plaintiff to retain Tully Avenue, Defendant to retain Bli Bli property, each to retain their own personalty, and the Broughton Street properties to be sold with net proceeds divided equally. No entitlement for Defendant to mesne profits as there was no ouster from the properties.

Court Disposition

Orders for property adjustment; dismissal of Defendant's claim for mesne profits; no order as to costs barring further application.

Orders

  • Plaintiff to retain Tully Avenue property absolutely.
  • Defendant to retain Bli Bli property absolutely.