Deborah Eve Pedersen v Nicholas Delaveris & Anor [2010] NSWSC 281

Deborah Eve Pedersen v Nicholas Delaveris & Anor [2010] NSWSC 281

The plaintiff and the first defendant were in a de facto relationship by the time they moved to Dolls Point, satisfying the statutory duration requirement. Although the first defendant contributed more directly to the acquisition of the Connells Point property, the plaintiff made substantial financial and non-financial contributions, including to the kindergarten profits, rent, mortgage payments, housework and cooking. Assessed globally, the parties' contributions to the Connells Point property were equal. Because the first defendant had paid the plaintiff $23,650 after separation, he should receive credit for that amount from her share of any sale proceeds. Given the first defendant's...

Jurisdiction
Australia
Judgment Date
16 June 2010
Procedural Posture
Application Pursuant to S 14 of the Property (relationships) Act 1984 for Adjustment of Interests in Property of Parties to a Domestic Relationship / Principal Judgment
Outcome
The plaintiff obtained a declaration that the first defendant holds the Connells Point property on trust for the plaintiff and himself in equal shares, subject to repayment of $23,650 from the plaintiff's share if the property is sold, with costs payable by the first defendant.
Legal Topics
['de Facto Relationship' 'adjustment of Property Interests' 'contributions to Acquisition, Conservation or Improvement of Property' 'trust Declaration' 'trustee in Bankruptcy']
['property Relationships' 'equity' 'bankruptcy'] ['de Facto Relationship' 'adjustment of Property Interests' 'contributions to Acquisition, Conservation or Improvement of Property' 'trust Declaration' 'trustee in Bankruptcy']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Pursuant to S 14 of the Property (relationships) Act 1984 for Adjustment of Interests in Property of Parties to a Domestic Relationship / Principal Judgment

Legal Issues

  1. 1 ['Whether the plaintiff and the first defendant lived together in a domestic relationship for a period of not less than 2 years.' 'When the de facto relationship between the plaintiff and the first defendant commenced.' "How the parties' financial and non-financial contributions to the relationship and to the Connells Point property should be assessed." "What order should be made to do justice given the first defendant's bankruptcy and the vesting of the property in the second defendant."]

Ratio Decidendi

The plaintiff and the first defendant were in a de facto relationship by the time they moved to Dolls Point, satisfying the statutory duration requirement. Although the first defendant contributed more directly to the acquisition of the Connells Point property, the plaintiff made substantial financial and non-financial contributions, including to the kindergarten profits, rent, mortgage payments, housework and cooking. Assessed globally, the parties' contributions to the Connells Point property were equal. Because the first defendant had paid the plaintiff $23,650 after separation, he should receive credit for that amount from her share of any sale proceeds. Given the first defendant's...

Court Disposition

The plaintiff obtained a declaration that the first defendant holds the Connells Point property on trust for the plaintiff and himself in equal shares, subject to repayment of $23,650 from the plaintiff's share if the property is sold, with costs payable by the first defendant.

Orders

  • ['Declare that the first defendant holds the property at Connells Point on trust for the plaintiff and himself in equal shares.' "Order that, in the event that the property is sold, an amount of $23,650 be deducted from the plaintiff's share of the proceeds of sale of the property and be paid to the first...