Bowden v Foster [2007] NSWSC 29

Bowden v Foster [2007] NSWSC 29

The plaintiff's substantial homemaking and stud business contributions from 1988 until the end of the relationship, including work at the Werombi property and Serenity Park, warranted substantial recognition under s 20 despite her lack of financial contribution to acquisition or improvements. Contributions from the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 February 2007
Procedural Posture
Claim Under the Property (relationships) Act 1984 for Adjustment of Property Interests Under S 20 / Hearing
Outcome
Order made for adjustment of property interests in favour of the plaintiff, with $87,216 payable after set-off.
Legal Topics
['de Facto Relationship' 'property Adjustment' 'non Financial Contributions' 'homemaker Contributions' 'intermittent De Facto Relationships' 'valuation of Assets' 'partnership Liabilities' 'costs']
['family Law' 'property Law' 'equity'] ['de Facto Relationship' 'property Adjustment' 'non Financial Contributions' 'homemaker Contributions' 'intermittent De Facto Relationships' 'valuation of Assets' 'partnership Liabilities' 'costs']

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Procedural Posture

Claim Under the Property (relationships) Act 1984 for Adjustment of Property Interests Under S 20 / Hearing

Legal Issues

  1. 1 ['Whether contributions made during an earlier period of an intermittent de facto relationship could be taken into account under s 20 of the Property (Relationships) Act 1984.' "Whether the plaintiff's homemaking and stud business contributions justified an adjustment of property interests." "Whether a global or asset-by-asset approach should be used to assess the parties' property and contributions." "Whether the plaintiff's partnership liability should be set off against any adjustment in her favour."]

Ratio Decidendi

The plaintiff's substantial homemaking and stud business contributions from 1988 until the end of the relationship, including work at the Werombi property and Serenity Park, warranted substantial recognition under s 20 despite her lack of financial contribution to acquisition or improvements. Contributions from the earlier period of the intermittent relationship could be considered. Because the partnership had been wound up and the Werombi property sold, the trial-date position was preferable; the plaintiff's assessed contribution of $200,000 had to be set off against her $112,784 liability to the defendant and associated entities, leaving $87,216 payable by way of adjustment.

Court Disposition

Order made for adjustment of property interests in favour of the plaintiff, with $87,216 payable after set-off.

Orders

  • ["The plaintiff's contributions were assessed at $200,000." 'The amount of $112,784 owed by the plaintiff to the defendant and his associated entities was to be set off against that amount.' 'The amount payable by way of adjustment was $87,216.' 'The parties were to bring in short minutes to reflect the adjustment...