Rose v Richards [2004] NSWSC 315

Rose v Richards [2004] NSWSC 315

Adjustment must reflect the parties' contributions during the relationship; present and future needs are not relevant under s 20 of the Property (Relationships) Act. Plaintiff is entitled to a 60% share and Defendant to a 40% share in the Drummoyne property and business assets, reflecting respective contributions.

Jurisdiction
Australia
Judgment Date
21 April 2004
Procedural Posture
Property Adjustment (de Facto Relationship) / Post Trial Judgment With Directions for Orders
Outcome
Matter stood over for orders reflecting judgment; Plaintiff entitled to 60% and Defendant to 40% of property and business; liberty to apply reserved; costs order foreshadowed with Defendant to pay two thirds of Plaintiff's costs unless otherwise argued.
Legal Topics
['de Facto Relationship' 'property Adjustment' 'contributions to Property' 'remedial Statute Interpretation']
['family Law' 'equity'] ['de Facto Relationship' 'property Adjustment' 'contributions to Property' 'remedial Statute Interpretation']

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Procedural Posture

Property Adjustment (de Facto Relationship) / Post Trial Judgment With Directions for Orders

Legal Issues

  1. 1 ['Adjustment of property interests following termination of a de facto relationship under Property (Relationships) Act 1984 (NSW)' 'Determination and assessment of financial and non-financial contributions' 'Should present and future needs be considered under s 20 of the Act']

Ratio Decidendi

Adjustment must reflect the parties' contributions during the relationship; present and future needs are not relevant under s 20 of the Property (Relationships) Act. Plaintiff is entitled to a 60% share and Defendant to a 40% share in the Drummoyne property and business assets, reflecting respective contributions.

Court Disposition

Matter stood over for orders reflecting judgment; Plaintiff entitled to 60% and Defendant to 40% of property and business; liberty to apply reserved; costs order foreshadowed with Defendant to pay two thirds of Plaintiff's costs unless otherwise argued.

Orders

  • ['Matter stood over for bringing in of short minutes of order.' 'Plaintiff to receive 60% of net proceeds of sale of the Drummoyne property; Defendant to receive 40%.' 'Plaintiff and Defendant to share business assets (A Creative Cuisine, Sydney Pty Limited) on a 60/40 basis.' 'General liberty to apply reserved.'...