Stenberg v Lechowics [2010] NSWSC 926

Stenberg v Lechowics [2010] NSWSC 926

The plaintiff is entitled to a half share in the Leichhardt property; the defendant's borrowings over Leichhardt were for his benefit alone and do not justify adjustment in his favour. As consideration for the transfer to her of defendant's share in Bucketty, the plaintiff will forgo further claims, making no...

Source-derived case information.

Parties
Plaintiff: Lynette Mary Stenberg; Defendant: Stanislaw Ryszard Lechowics; Second Cross Defendant: Alessia Richards
Jurisdiction
Australia
Judgment Date
01 November 2010
Procedural Posture
Application for Adjustment of Property Interests / Judgment
Outcome
Orders to be brought in; directions for adjustment of property interests provided.
Legal Topics
Adjustment of Property Interests, De Facto Relationship, Property (relationships) Act 1984, Mortgages, Equitable Charges
Family Law Equity Adjustment of Property Interests De Facto Relationship Property (relationships) Act 1984 Mortgages Equitable Charges

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Parties

Lynette Mary Stenberg

Plaintiff

Stanislaw Ryszard Lechowics

Defendant

Alessia Richards

Second Cross Defendant

Procedural Posture

Application for Adjustment of Property Interests / Judgment

Legal Issues

  1. 1 Entitlement to adjustment of property interests under s 20 of the Property (Relationships) Act 1984 (NSW)
  2. 2 Effect of equitable charges/mortgages on adjustment between co-owners
  3. 3 Assessment and balancing of financial and non-financial contributions to relationship

Ratio Decidendi

The plaintiff is entitled to a half share in the Leichhardt property; the defendant's borrowings over Leichhardt were for his benefit alone and do not justify adjustment in his favour. As consideration for the transfer to her of defendant's share in Bucketty, the plaintiff will forgo further claims, making no further adjustment necessary. Mortgages and charges by the defendant are limited to his share only.

Court Disposition

Orders to be brought in; directions for adjustment of property interests provided.

Orders

  • Sale of the Leichhardt property with proceeds to first discharge mortgage and balance split half to plaintiff and defendant, minus costs, with supplement to plaintiff if mortgage absorbs her share.
  • Defendant to transfer his interest in the Bucketty property to plaintiff, who will indemnify him against mortgage liability thereon.