JONES v. GRECH [2001] NSWCA 208

JONES v. GRECH [2001] NSWCA 208

It is not just and equitable to adjust the joint tenancy interests because both parties contributed equally—Mr Grech financially and Ms Jones as homemaker and parent—and there was no evidence justifying a reduction of Ms Jones' share in the Chifley property; thus, the property should be sold and proceeds divided equally.

Parties
Appellant: Linda Jones; Respondent: Paul Grech
Jurisdiction
Australia
Judgment Date
10 July 2001
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed; lower court orders set aside; property to be sold and proceeds divided equally.
Legal Topics
De Facto Relationships, Property Adjustment, Contributions, Evidence, Time Limitation
Family Law De Facto Relationships Property Adjustment Contributions Evidence Time Limitation

Case Brief

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Parties

Linda Jones

Appellant

Paul Grech

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether a property adjustment order should be made under s 20 of the De facto Relationships Act 1984
  2. 2 Whether contributions prior to or after the de facto relationship are relevant under s 20
  3. 3 Whether the interests of joint tenants should be adjusted

Ratio Decidendi

It is not just and equitable to adjust the joint tenancy interests because both parties contributed equally—Mr Grech financially and Ms Jones as homemaker and parent—and there was no evidence justifying a reduction of Ms Jones' share in the Chifley property; thus, the property should be sold and proceeds divided equally.

Court Disposition

Appeal allowed; lower court orders set aside; property to be sold and proceeds divided equally.

Orders

  • Orders made by Master McLaughlin set aside
  • Mr Grech's claim for relief under De facto Relationships Act dismissed