Bowmaker v Hodgson [2003] NSWSC 792

Bowmaker v Hodgson [2003] NSWSC 792

The de facto relationship commenced when the parties resided together in England in May 1986 and concluded when they physically separated in September 2000. The Minnamurra property was not included in the joint pool because the plaintiff made no financial contribution to it and the defendant had owned it for many years before the relationship, although the plaintiff's minor cleaning and gardening contributions were taken into account. For the remaining assets, a global assessment was appropriate because both parties had contributed to the acquisition, renovation and improvement of properties, with the defendant making the greater financial and renovation contributions and the plaintiff...

Jurisdiction
Australia
Judgment Date
29 August 2003
Procedural Posture
Application Under S 20 of the Property Relationships Act for Adjustment of Property Interests / Judgment After Hearing
Outcome
Adjustment payment to the plaintiff assessed at $225,000, with credit for $20,000 and $170,000 already paid; costs to be argued and short minutes to be brought in.
Legal Topics
['adjustment of Property Interests' 'de Facto Relationship' 'financial Contributions' 'non Financial Contributions' 'global Approach' 'quarantining Assets']
['family Law' 'property Relationships'] ['adjustment of Property Interests' 'de Facto Relationship' 'financial Contributions' 'non Financial Contributions' 'global Approach' 'quarantining Assets']

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Procedural Posture

Application Under S 20 of the Property Relationships Act for Adjustment of Property Interests / Judgment After Hearing

Legal Issues

  1. 1 ['When the de facto relationship commenced and concluded' 'Whether a global approach or an asset-by-asset approach was appropriate for assessing contributions and adjustment' 'Whether the Minnamurra property should be excluded from the pool of assets for adjustment' "What adjustment payment should be made after assessing the parties' financial and non-financial contributions"]

Ratio Decidendi

The de facto relationship commenced when the parties resided together in England in May 1986 and concluded when they physically separated in September 2000. The Minnamurra property was not included in the joint pool because the plaintiff made no financial contribution to it and the defendant had owned it for many years before the relationship, although the plaintiff's minor cleaning and gardening contributions were taken into account. For the remaining assets, a global assessment was appropriate because both parties had contributed to the acquisition, renovation and improvement of properties, with the defendant making the greater financial and renovation contributions and the plaintiff...

Court Disposition

Adjustment payment to the plaintiff assessed at $225,000, with credit for $20,000 and $170,000 already paid; costs to be argued and short minutes to be brought in.

Orders

  • ['The defendant is to pay the plaintiff an adjustment payment rounded to $225,000.' 'Credit is to be given for the amounts of $20,000 and $170,000 already paid by the defendant to the plaintiff.' "Short minutes should provide for the transfer of the plaintiff's interest in Jaspers Brush to the defendant." 'Each...