Turnbull v McGregor [2003] NSWSC 899

Turnbull v McGregor [2003] NSWSC 899

The plaintiff is entitled to receive a sum of $115,000, representing one third of the net adjusted value attributable to her contributions to the Towers Place property pursuant to section 20(1) of the Property (Relationships) Act 1984 (NSW). The plaintiff's evidence as to contributions was accepted only in part; past contributions are the focus, and present or future needs should not be considered. Relief by constructive trust is unnecessary where statutory adjustment is made.

Jurisdiction
Australia
Judgment Date
02 October 2003
Procedural Posture
Adjustment of Property Interests (de Facto Relationship) and Constructive Trust Claim / Judgment After Hearing
Outcome
Matter stood over for the bringing in of short minutes and, if desired, for argument as to costs. Plaintiff entitled to $115,000 adjustment.
Legal Topics
['de Facto Relationships' 'adjustment of Property Interests' 'constructive Trust' 'respective Contributions of Parties']
['family Law' 'equity'] ['de Facto Relationships' 'adjustment of Property Interests' 'constructive Trust' 'respective Contributions of Parties']

Case Brief

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Procedural Posture

Adjustment of Property Interests (de Facto Relationship) and Constructive Trust Claim / Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to an adjustment of property interests under section 20 of the Property (Relationships) Act 1984 (NSW)' 'Whether a constructive trust should be imposed on the Towers Place property in favour of the plaintiff']

Ratio Decidendi

The plaintiff is entitled to receive a sum of $115,000, representing one third of the net adjusted value attributable to her contributions to the Towers Place property pursuant to section 20(1) of the Property (Relationships) Act 1984 (NSW). The plaintiff's evidence as to contributions was accepted only in part; past contributions are the focus, and present or future needs should not be considered. Relief by constructive trust is unnecessary where statutory adjustment is made.

Court Disposition

Matter stood over for the bringing in of short minutes and, if desired, for argument as to costs. Plaintiff entitled to $115,000 adjustment.

Orders

  • ['I stand the matter over to a date to be fixed by arrangement with my Associate for the bringing in of short minutes and, if desired, for argument as to costs.']