Hodgson v Grebert [2010] NSWSC 223

Hodgson v Grebert [2010] NSWSC 223

Each party made approximately equal financial and non-financial contributions throughout their 21-year domestic relationship; the effect of greater initial contributions was balanced by Ms Hodgson’s higher sustained earnings and her greater role in the welfare of the family, so a just and equitable adjustment is to award each party 50% of the divisible property pool.

Parties
Plaintiff: Lynette May Hodgson; Defendant: Barry Louis Grebert
Jurisdiction
Australia
Judgment Date
03 March 2010
Procedural Posture
Property Adjustment Under Property (relationships) Act 1984 (nsw) (domestic Relationship) / Final Judgment
Outcome
Each party entitled to 50% of divisible pool of property.
Legal Topics
Domestic Relationships, Property Adjustment, Contributions to Property, Just and Equitable Division, Application of Erosion Principle
Family Law Equity Domestic Relationships Property Adjustment Contributions to Property Just and Equitable Division Application of Erosion Principle

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Parties

Lynette May Hodgson

Plaintiff

Barry Louis Grebert

Defendant

Procedural Posture

Property Adjustment Under Property (relationships) Act 1984 (nsw) (domestic Relationship) / Final Judgment

Legal Issues

  1. 1 What is the just and equitable division of property following the end of a domestic relationship under s 20 Property (Relationships) Act 1984 (NSW)?
  2. 2 How should initial and subsequent contributions—both financial and non-financial—be assessed?
  3. 3 Is the so-called 'erosion principle' applicable?

Ratio Decidendi

Each party made approximately equal financial and non-financial contributions throughout their 21-year domestic relationship; the effect of greater initial contributions was balanced by Ms Hodgson’s higher sustained earnings and her greater role in the welfare of the family, so a just and equitable adjustment is to award each party 50% of the divisible property pool.

Court Disposition

Each party entitled to 50% of divisible pool of property.

Orders

  • Each party entitled to 50% of the parties' divisible pool of property.
  • Parties to bring in short minutes of order within seven days to calculate entitlements and address consequential matters.