Westbrook v Jacobs [2008] NSWDC 246

Westbrook v Jacobs [2008] NSWDC 246

While the defendant brought in significant assets, the plaintiff made major financial and non-financial contributions during the relationship and since separation, including primary care for the children and financial support. The interests are adjusted by paying debts, then $15,000 to the plaintiff, with the remainder to the defendant.

Parties
Plaintiff: Mia Kym Westbrook; Defendant: Gerard Jacobs
Jurisdiction
Australia
Judgment Date
17 October 2008
Procedural Posture
Application Under Property (relationships) Act 1984 for Adjustment of Property Interests / Judgment After Hearing
Outcome
Orders for adjustment of property interests; each party to bear own costs.
Legal Topics
Property Adjustment, Relationship Breakdown, Contributions Assessment
Family Law Property Law Property Adjustment Relationship Breakdown Contributions Assessment

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Parties

Mia Kym Westbrook

Plaintiff

Gerard Jacobs

Defendant

Procedural Posture

Application Under Property (relationships) Act 1984 for Adjustment of Property Interests / Judgment After Hearing

Legal Issues

  1. 1 How should the available property fund of $43,848 be distributed between the parties under the Property (Relationships) Act 1984?
  2. 2 What weight should be given to each party's financial and non-financial contributions?
  3. 3 Should costs be awarded given the conduct of proceedings and rule 42.30 of the Uniform Civil Procedure Rules 2005?

Ratio Decidendi

While the defendant brought in significant assets, the plaintiff made major financial and non-financial contributions during the relationship and since separation, including primary care for the children and financial support. The interests are adjusted by paying debts, then $15,000 to the plaintiff, with the remainder to the defendant.

Court Disposition

Orders for adjustment of property interests; each party to bear own costs.

Orders

  • The fund of $43,848 is dispersed as follows: (i) $16,855 to the lessor of the business premises; (ii) $5,596 in payment of credit card debt; (iii) $15,000 to the plaintiff; (iv) remainder to the defendant.
  • Each party will pay his or her own costs.