White v Patterson [2008] NSWSC 1226

White v Patterson [2008] NSWSC 1226

The relationship lasted about five years, from 31 December 1999 to 19 December 2004. Mia had no proprietary interest in the No 32 house property merely because money belonging to her may have been used to discharge mortgage debt, because the defendant and Ms Vors had taken title as joint tenants and survivorship operated according to their chosen form of ownership; however, sums beneficially attributable to Mia were considered in assessing the defendant's financial resources. The parties made equal overall contributions under s 20, with the plaintiff undertaking virtually all domestic and childcare duties and the defendant making greater financial contributions. After excluding increases...

Jurisdiction
Australia
Judgment Date
24 November 2008
Procedural Posture
Proceedings Under the Property (relationships) Act 1984 for Adjustment of Property Interests Following a De Facto Relationship / Principal Judgment After Hearing; Substantive Orders Deferred Pending Written Submissions on Costs
Outcome
The defendant was to pay the plaintiff $250,000; no order was made in favour of the defendant on his cross-claim, and costs submissions were to be received before substantive orders were made.
Legal Topics
['de Facto Relationship Property Adjustment' 'domestic Relationship' 'financial and Non Financial Contributions' 'homemaker and Parent Contributions' 'constructive Trusts' 'beneficial Ownership' 'joint Tenancy and Survivorship']
['family Law' 'equity' 'property Law'] ['de Facto Relationship Property Adjustment' 'domestic Relationship' 'financial and Non Financial Contributions' 'homemaker and Parent Contributions' 'constructive Trusts' 'beneficial Ownership' 'joint Tenancy and Survivorship']

Case Brief

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Procedural Posture

Proceedings Under the Property (relationships) Act 1984 for Adjustment of Property Interests Following a De Facto Relationship / Principal Judgment After Hearing; Substantive Orders Deferred Pending Written Submissions on Costs

Legal Issues

  1. 1 ['Whether the jurisdictional prerequisites under the Property (Relationships) Act 1984 were satisfied.' "When the parties' de facto relationship began and ended." 'What property and financial resources of the parties should be identified and valued at commencement, separation and the time of proceedings.' 'Whether Mia had a proprietary interest in the No 32 house property or other assets, including by reason of money belonging to her being used to discharge mortgage debt.' "How the parties' financial, non-financial, homemaker and parent contributions should be assessed." 'What adjustment of property interests was just and equitable.']

Ratio Decidendi

The relationship lasted about five years, from 31 December 1999 to 19 December 2004. Mia had no proprietary interest in the No 32 house property merely because money belonging to her may have been used to discharge mortgage debt, because the defendant and Ms Vors had taken title as joint tenants and survivorship operated according to their chosen form of ownership; however, sums beneficially attributable to Mia were considered in assessing the defendant's financial resources. The parties made equal overall contributions under s 20, with the plaintiff undertaking virtually all domestic and childcare duties and the defendant making greater financial contributions. After excluding increases...

Court Disposition

The defendant was to pay the plaintiff $250,000; no order was made in favour of the defendant on his cross-claim, and costs submissions were to be received before substantive orders were made.

Orders

  • ['The interests of the parties in the property of the parties be adjusted by means of a payment of $250,000 by the defendant to the plaintiff.' 'The sum of $250,000 be paid within sixty days after the making of the order.' 'From and after the expiration of the period of sixty days, the sum carry interest at court...