Mills v Nicholson [2009] NSWSC 586

Greater hardship would be caused to the plaintiff if leave were not granted; adjustment of property interests taking into account financial contributions, mortgage repayments, and defendant's exclusive post-separation occupation justified granting leave and making orders for proportionate interests.

Parties: Plaintiff: Karan Anne Mills; Defendant: Jonathan Anthony Nicholson
Jurisdiction: Australia
Judgment Date: 24 June 2009
Procedural Posture: Application / Judgment
Outcome: Leave granted to plaintiff to bring application out of time; orders for adjustment of property interests made.
Legal Topics: Adjustment of Property Interests, Extension of Time, De Facto Relationships

Family Law Equity Adjustment of Property Interests Extension of Time De Facto Relationships

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 15

Parties

Karan Anne Mills

Plaintiff

Jonathan Anthony Nicholson

Defendant

Procedural Posture

Application / Judgment

Legal Issues

1 Whether leave should be granted to bring proceedings for adjustment of property interests outside the statutory time limit
2 Proper adjustment of property interests between parties to a former de facto relationship

Ratio Decidendi

Court Disposition

Leave granted to plaintiff to bring application out of time; orders for adjustment of property interests made.

Orders

Plaintiff given leave under s 18(2) of Property (Relationships) Act 1984 to bring application for adjustment of property interests.
Plaintiff directed to pay defendant $26,201.83.