Chanter v Catts [2004] NSWSC 1025

Chanter v Catts [2004] NSWSC 1025

Taking account of both pre- and post-separation contributions, including parenting responsibilities and modest indirect contributions to superannuation, the plaintiff is entitled to four fifths of the net proceeds of the Hunters Hill property after discharge of the mortgage, with both parties otherwise retaining...

Source-derived case information.

Parties
Plaintiff: Maree Eve Chanter; Defendant: Peter Frederick Catts
Jurisdiction
Australia
Judgment Date
19 November 2004
Procedural Posture
Application Under Property (relationships) Act for Adjustment of Property Interests / Final Judgment
Outcome
Hunters Hill property to be sold; plaintiff to receive four fifths and defendant one fifth of net proceeds after discharge of mortgage; parties to retain separate property and superannuation.
Legal Topics
Adjustment of Property Interests, Set Aside Separation Agreement, Post Separation Contributions, Superannuation
Family Law Property Law Adjustment of Property Interests Set Aside Separation Agreement Post Separation Contributions Superannuation

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Parties

Maree Eve Chanter

Plaintiff

Peter Frederick Catts

Defendant

Procedural Posture

Application Under Property (relationships) Act for Adjustment of Property Interests / Final Judgment

Legal Issues

  1. 1 Whether the separation agreement should be set aside
  2. 2 Proper adjustment of property interests under s 20 of the Property (Relationships) Act 1984 (NSW)
  3. 3 Consideration of post-separation contributions

Ratio Decidendi

Taking account of both pre- and post-separation contributions, including parenting responsibilities and modest indirect contributions to superannuation, the plaintiff is entitled to four fifths of the net proceeds of the Hunters Hill property after discharge of the mortgage, with both parties otherwise retaining their separate property and superannuation.

Court Disposition

Hunters Hill property to be sold; plaintiff to receive four fifths and defendant one fifth of net proceeds after discharge of mortgage; parties to retain separate property and superannuation.

Orders

  • Hunters Hill property at Foss Street, Hunters Hill to be sold.
  • Plaintiff to receive four fifths of net proceeds after discharge of mortgage.