Ledwos v Angilley [2001] NSWSC 618

Ledwos v Angilley [2001] NSWSC 618

Contributions to property made prior to and after the relationship can be considered where closely connected to the relationship, and the defendant's pre-existing land and financial contributions are relevant. No adjustment is made for rental value during cohabitation as rent was not contemplated by parties. Incidents of domestic violence have diminished any homemaker contribution by the plaintiff, so no credit is given to him in this regard.

Jurisdiction
Australia
Judgment Date
12 October 2001
Procedural Posture
Application Under Property (relationships) Act 1984 / Judgment After Hearing
Outcome
Order for distribution of trust fund between parties based on contributions, with adjustment for domestic violence and no credit for rental occupation.
Legal Topics
['property Adjustment' 'de Facto Relationships' 'contributions Before and After Relationship' 'constructive Trust' 'domestic Violence Impact on Contributions']
['family Law' 'equity'] ['property Adjustment' 'de Facto Relationships' 'contributions Before and After Relationship' 'constructive Trust' 'domestic Violence Impact on Contributions']

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Procedural Posture

Application Under Property (relationships) Act 1984 / Judgment After Hearing

Legal Issues

  1. 1 ['Whether pre-relationship and post-relationship contributions can be considered under the Property (Relationships) Act 1984' 'Whether a rental adjustment for occupation of the home is appropriate' 'Impact of domestic violence on homemaker contributions']

Ratio Decidendi

Contributions to property made prior to and after the relationship can be considered where closely connected to the relationship, and the defendant's pre-existing land and financial contributions are relevant. No adjustment is made for rental value during cohabitation as rent was not contemplated by parties. Incidents of domestic violence have diminished any homemaker contribution by the plaintiff, so no credit is given to him in this regard.

Court Disposition

Order for distribution of trust fund between parties based on contributions, with adjustment for domestic violence and no credit for rental occupation.

Orders

  • ['The remaining fund of $210,000 to be applied as to $60,000 to the plaintiff and $150,000 to the defendant together with any accrued interest in appropriate proportions.' 'Court will hear further argument on costs.']