Trosse v Howard [2009] NSWCA 346

Trosse v Howard [2009] NSWCA 346

The primary judge erred by failing to articulate how Ms Howard's contributions made it just and equitable for her to benefit from the increase in value of the Whale Beach property, given she made no significant contribution to its acquisition, conservation or improvement. The most just and equitable order was for Mr Trosse to discharge the parties' liabilities and to indemnify Ms Howard, without further adjustment.

Jurisdiction
Australia
Judgment Date
22 October 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
['de Facto Relationships' 'adjustment of Property Interests' 'contributions Assessment' 'just and Equitable Adjustment']
['family Law'] ['de Facto Relationships' 'adjustment of Property Interests' 'contributions Assessment' 'just and Equitable Adjustment']

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

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the primary judge erred in not articulating how parties' contributions justified the property adjustment" 'Whether Ms Howard was entitled to a share of the increased value of Whale Beach property' 'Appropriate treatment of losses and earnings sacrificed in Mediskill business venture' 'Appropriate approach to costs']

Ratio Decidendi

The primary judge erred by failing to articulate how Ms Howard's contributions made it just and equitable for her to benefit from the increase in value of the Whale Beach property, given she made no significant contribution to its acquisition, conservation or improvement. The most just and equitable order was for Mr Trosse to discharge the parties' liabilities and to indemnify Ms Howard, without further adjustment.

Court Disposition

Appeal allowed in part

Orders

  • ['Appeal allowed.' 'Set aside orders made below.' "Order Mr Trosse discharge the parties' liabilities to St George Bank and Visa within 28 days and indemnify Ms Howard." 'Dismiss the cross-claim.' "Order Mr Trosse pay one-half of Ms Howard's costs of the District Court proceedings." "Ms Howard to pay Mr Trosse's...