Constable v Bell [2006] NSWSC 45

Constable v Bell [2006] NSWSC 45

The proper adjustment of property under s 20(1) of the Property (Relationships) Act 1984 (NSW), where a de facto relationship involved predominantly financial contributions by the defendant in the early years and predominantly non-financial, homemaking, parental and business assistance contributions by the plaintiff from 1989 onwards, is to deduct an assessed value of the defendant's disproportionate initial and pre-1989 contributions from the total asset pool, and divide the balance equally between the parties (reflecting equality of later contributions), also taking account of the plaintiff's contributions to the defendant's business (including any unquantifiable goodwill), and making a...

Jurisdiction
Australia
Judgment Date
06 February 2006
Procedural Posture
Application for Property Adjustment Under De Facto Relationship Legislation / Judgment After Final Hearing
Outcome
Adjusting order to plaintiff for lump sum payment and transfer of assets; form of final orders stood over for short minutes.
Legal Topics
['de Facto Relationships' 'property Adjustment' 'contributions—financial and Non Financial' 'goodwill Valuation' 'section 20 Property (relationships) Act 1984 (nsw)']
['family Law' 'equity'] ['de Facto Relationships' 'property Adjustment' 'contributions—financial and Non Financial' 'goodwill Valuation' 'section 20 Property (relationships) Act 1984 (nsw)']

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Procedural Posture

Application for Property Adjustment Under De Facto Relationship Legislation / Judgment After Final Hearing

Legal Issues

  1. 1 ['Whether the goodwill of the business operated by the defendant is property to be included in asset pool for adjustment' 'How to assess and value the financial and non-financial contributions of the parties, including homemaking, parenting, and assistance with business' 'What is the just and equitable order for property adjustment under s 20(1) of the Property (Relationships) Act 1984 (NSW) given the long relationship and asset holdings']

Ratio Decidendi

The proper adjustment of property under s 20(1) of the Property (Relationships) Act 1984 (NSW), where a de facto relationship involved predominantly financial contributions by the defendant in the early years and predominantly non-financial, homemaking, parental and business assistance contributions by the plaintiff from 1989 onwards, is to deduct an assessed value of the defendant's disproportionate initial and pre-1989 contributions from the total asset pool, and divide the balance equally between the parties (reflecting equality of later contributions), also taking account of the plaintiff's contributions to the defendant's business (including any unquantifiable goodwill), and making a...

Court Disposition

Adjusting order to plaintiff for lump sum payment and transfer of assets; form of final orders stood over for short minutes.

Orders

  • ['Plaintiff to transfer to defendant the Commodore motor vehicle driven by him.' 'Plaintiff to transfer any dogs or shares in dogs registered in her name, bred, trained, or raced by defendant, to the defendant.' 'Defendant to pay the plaintiff $685,380 as a lump sum adjusting order.' 'Charging order to be made over...