Wallis v. Matheson [2002] NSWCA 350

Wallis v. Matheson [2002] NSWCA 350

Given the lack of detailed evidence as to the sources of increase in property value and the weighting of contributions during the relationship, the Master's decision to order a 55/45 division (in favour of the appellant) was within reasonable discretion and adequately reasoned.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
11 October 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['de Facto Relationships' 'property Rights' 'division of Property' 'relevance of Gross and Net Values' 'contributions During Relationship']
['family Law'] ['de Facto Relationships' 'property Rights' 'division of Property' 'relevance of Gross and Net Values' 'contributions During Relationship']

Source-derived case record

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the Master erred in calculation of property values at the commencement of the de facto relationship' 'Whether contributions during the de facto relationship were correctly assessed' 'Whether the division of property (55% appellant, 45% respondent) was within reasonable discretion' 'Whether the Master gave adequate reasons for the division']

Ratio Decidendi

Given the lack of detailed evidence as to the sources of increase in property value and the weighting of contributions during the relationship, the Master's decision to order a 55/45 division (in favour of the appellant) was within reasonable discretion and adequately reasoned.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']