Williams v Masterton [1999] NSWSC 203

Williams v Masterton [1999] NSWSC 203

The appropriate order to reflect the respective contributions of the parties, including initial assets, financial, and non-financial (homemaker and parenting) contributions, is for the defendant to retain the primary property and pay the plaintiff $67,500. If the payment is not made, the property may be sold. Certain items of personalty are to be divided as specified.

Parties
Plaintiff: Karen Anne Williams; Defendant: James Albert Masterton
Jurisdiction
Australia
Judgment Date
18 March 1999
Procedural Posture
Application Under Defacto Relationships Act (nsw) for Adjustment of Property Interests / Judgment After Hearing
Outcome
Judgment for the plaintiff in part; orders to be finalised upon submission of short minutes to reflect the reasons published.
Legal Topics
Defacto Relationships, Property Adjustment
Family Law Defacto Relationships Property Adjustment

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Parties

Karen Anne Williams

Plaintiff

James Albert Masterton

Defendant

Procedural Posture

Application Under Defacto Relationships Act (nsw) for Adjustment of Property Interests / Judgment After Hearing

Legal Issues

  1. 1 Appropriate adjustment of property interests following breakdown of a de facto relationship
  2. 2 Assessment of parties’ financial and non-financial contributions
  3. 3 Entitlement to transfer or payment regarding family assets

Ratio Decidendi

The appropriate order to reflect the respective contributions of the parties, including initial assets, financial, and non-financial (homemaker and parenting) contributions, is for the defendant to retain the primary property and pay the plaintiff $67,500. If the payment is not made, the property may be sold. Certain items of personalty are to be divided as specified.

Court Disposition

Judgment for the plaintiff in part; orders to be finalised upon submission of short minutes to reflect the reasons published.

Orders

  • Defendant to pay plaintiff $67,500 for adjustment of property interests, contingent upon defendant retaining residence and Nissan Pathfinder.
  • If defendant cannot raise the finance, the property may be sold.