Caplice v Aroogah Carey v Caplice [2005] NSWSC 1002

Caplice v Aroogah Carey v Caplice [2005] NSWSC 1002

Having regard to the parties' financial and non-financial contributions, Andrea Caplice should retain the Queensland apartment and no further adjustment was required in respect of Richard Carey's contribution to its purchase. Because Richard Carey was to retain Aroogah Investments Pty Limited and could possibly benefit from its existing assets and tax losses, a minor adjustment of $25,000 in favour of Andrea Caplice was appropriate, payable from the Lane Cove sale proceeds, with the balance returned to Richard Carey.

Jurisdiction
Australia
Judgment Date
07 November 2005
Procedural Posture
Application Under S20 of the Property (relationships) Act 1984 for Adjustment of Property Interests and Application to Wind Up Aroogah Investments Pty Limited on the Just and Equitable Ground / Final Hearing of Two Matters Heard Together; Parties Directed to Bring in Short Minutes and Argue Costs
Outcome
Andrea Caplice to retain her Queensland apartment; Andrea Caplice to be paid $25,000 from the Lane Cove sale proceeds; the balance of those proceeds to be returned to Richard Carey; parties to bring in short minutes and argue costs.
Legal Topics
['de Facto Relationships' 'adjustment of Property Interests' 'financial Contributions' 'non Financial Contributions' 'just and Equitable Winding Up']
['family Law' 'equity' 'corporations'] ['de Facto Relationships' 'adjustment of Property Interests' 'financial Contributions' 'non Financial Contributions' 'just and Equitable Winding Up']

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Procedural Posture

Application Under S20 of the Property (relationships) Act 1984 for Adjustment of Property Interests and Application to Wind Up Aroogah Investments Pty Limited on the Just and Equitable Ground / Final Hearing of Two Matters Heard Together; Parties Directed to Bring in Short Minutes and Argue Costs

Legal Issues

  1. 1 ["What adjustment of the former de facto partners' property interests should be made under s20 of the Property (Relationships) Act 1984." 'Whether Aroogah Investments Pty Limited should be wound up on the just and equitable ground or retained by Richard Carey with an adjustment in favour of Andrea Caplice.' "How the parties' financial and non-financial contributions should affect the distribution of the Queensland apartment, Lane Cove sale proceeds and company interests."]

Ratio Decidendi

Having regard to the parties' financial and non-financial contributions, Andrea Caplice should retain the Queensland apartment and no further adjustment was required in respect of Richard Carey's contribution to its purchase. Because Richard Carey was to retain Aroogah Investments Pty Limited and could possibly benefit from its existing assets and tax losses, a minor adjustment of $25,000 in favour of Andrea Caplice was appropriate, payable from the Lane Cove sale proceeds, with the balance returned to Richard Carey.

Court Disposition

Andrea Caplice to retain her Queensland apartment; Andrea Caplice to be paid $25,000 from the Lane Cove sale proceeds; the balance of those proceeds to be returned to Richard Carey; parties to bring in short minutes and argue costs.

Orders

  • ['Andrea Caplice is to retain her Queensland apartment.' 'Andrea Caplice is to be paid $25,000 from the sale proceeds of Lane Cove.' 'The balance of the Lane Cove sale proceeds is to be returned to Richard Carey.' 'The personal property retained by each party is to be retained by that party without adjustment.' 'The...