Alvarez v Cadarso [2009] NSWSC 159

Alvarez v Cadarso [2009] NSWSC 159

The only relevant property for adjustment was the defendant's property, particularly the proceeds of the Petersham property, which had been acquired from funds obtained before the relationship. The plaintiff made no financial contribution to that property and her non-financial contributions were not substantial, but the relationship lasted about 22 years and included homemaking, cleaning connected with rental properties, and care of the defendant during his declining health. Taking those matters into account, it was just and equitable that the plaintiff receive $175,000 from the proceeds of sale of the Petersham property.

Jurisdiction
Australia
Judgment Date
25 March 2009
Procedural Posture
Application for Property Adjustment Under S 20 of the Property (relationships) Act 1984 / Judgment After Hearing
Outcome
Property adjustment ordered in favour of the plaintiff.
Legal Topics
['property Adjustment' 'de Facto Relationship' 'non Financial Contributions' 'full and Frank Financial Disclosure' 'civil Inferences']
['family Law' 'equity'] ['property Adjustment' 'de Facto Relationship' 'non Financial Contributions' 'full and Frank Financial Disclosure' 'civil Inferences']

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Procedural Posture

Application for Property Adjustment Under S 20 of the Property (relationships) Act 1984 / Judgment After Hearing

Legal Issues

  1. 1 ['What property of the parties should be identified and valued for the purposes of s 20 of the Property (Relationships) Act 1984.' 'What financial and non-financial contributions the parties made during the relationship.' 'Whether it was just and equitable to make a property adjustment order in favour of the plaintiff.' 'Whether the defendant still owned or had disposed of assets in Spain at the cessation of the relationship.']

Ratio Decidendi

The only relevant property for adjustment was the defendant's property, particularly the proceeds of the Petersham property, which had been acquired from funds obtained before the relationship. The plaintiff made no financial contribution to that property and her non-financial contributions were not substantial, but the relationship lasted about 22 years and included homemaking, cleaning connected with rental properties, and care of the defendant during his declining health. Taking those matters into account, it was just and equitable that the plaintiff receive $175,000 from the proceeds of sale of the Petersham property.

Court Disposition

Property adjustment ordered in favour of the plaintiff.

Orders

  • ['The defendant pay by way of property adjustment to the plaintiff the sum of $175,000 within 28 days of 25 March 2009.' "The court will hear the parties' submissions on costs."]