Peter Robert Boord v Ivy Wang [2011] NSWSC 1131

Peter Robert Boord v Ivy Wang [2011] NSWSC 1131

A just and equitable result required Boord to receive 12.5% of the net value of the Newtown property, reflecting his modest contribution over the relationship relative to Wang's significantly greater financial and non-financial contributions. Upon payment by Wang of that amount to Boord, all interest in the property was to vest solely in Wang, with Wang assuming full liability for the mortgage.

Parties
Plaintiff: Peter Robert Boord; Defendant: Ivy Wang
Jurisdiction
Australia
Judgment Date
14 October 2011
Procedural Posture
Property Adjustment Under Property Relationships Act / Final Judgment
Outcome
The Court ordered that Wang pay Boord 12.5% of the net value of the Newtown property ($67,500), after which Boord must transfer his interest in the property to Wang. Wang will assume responsibility for the mortgage. Orders to be settled. Costs not determined pending submissions.
Legal Topics
De Facto Relationships, Adjustment of Property Interests, Property Relationships Act 1984, Financial and Non Financial Contributions, Statutory Trust for Sale
Family Law Equity De Facto Relationships Adjustment of Property Interests Property Relationships Act 1984 Financial and Non Financial Contributions Statutory Trust for Sale

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Parties

Peter Robert Boord

Plaintiff

Ivy Wang

Defendant

Procedural Posture

Property Adjustment Under Property Relationships Act / Final Judgment

Legal Issues

  1. 1 What adjustment of property interests is just and equitable under s20 of the Property Relationships Act 1984 between de facto partners?
  2. 2 What weight should be given to the financial and non-financial contributions of each party to the acquisition, improvement, and maintenance of the property?

Ratio Decidendi

A just and equitable result required Boord to receive 12.5% of the net value of the Newtown property, reflecting his modest contribution over the relationship relative to Wang's significantly greater financial and non-financial contributions. Upon payment by Wang of that amount to Boord, all interest in the property was to vest solely in Wang, with Wang assuming full liability for the mortgage.

Court Disposition

The Court ordered that Wang pay Boord 12.5% of the net value of the Newtown property ($67,500), after which Boord must transfer his interest in the property to Wang. Wang will assume responsibility for the mortgage. Orders to be settled. Costs not determined pending submissions.

Orders

  • Wang to pay Boord $67,500 (12.5% of $540,000 net equity)
  • Upon payment, Boord to transfer his interest in Newtown property to Wang