Cooper v Mulcahy [2012] NSWSC 373

Cooper v Mulcahy [2012] NSWSC 373

The property of the parties is to be divided 60% to the defendant and 40% to the plaintiff, excluding the plaintiff's lottery win, the latter being a windfall acquired post-separation to which the defendant made no contribution. The defendant established disability under the Limitation Act 1969 suspending limitation for certain assault causes, and is entitled to compensatory damages, including aggravated damages, for five assaults and batteries found proved, but not exemplary damages.

Jurisdiction
Australia
Judgment Date
23 April 2012
Procedural Posture
Application for Adjustment of Property Interests and Cross Claim in Tort / Judgment After Final Hearing
Outcome
Property adjustment in favour of defendant (60%), damages for assault (in favour of defendant) awarded; no exemplary damages awarded
Legal Topics
['adjustment of Property Interests' 'de Facto Relationship Property Division' 'assault and Battery' 'limitation of Actions' 'damages (compensatory/aggravated/exemplary)']
['family Law' 'tort Law' 'equity'] ['adjustment of Property Interests' 'de Facto Relationship Property Division' 'assault and Battery' 'limitation of Actions' 'damages (compensatory/aggravated/exemplary)']

Case Brief

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Procedural Posture

Application for Adjustment of Property Interests and Cross Claim in Tort / Judgment After Final Hearing

Legal Issues

  1. 1 ['How should the property of parties to a de facto relationship of 15 years be adjusted under s 20 of the Property (Relationships) Act 1984?' 'Should a post-separation lottery win be considered in property adjustment?' "Is the defendant's cross-claim for assault and battery statute barred or subject to suspension for disability under the Limitation Act 1969?" 'What damages (including aggravated or exemplary) are appropriate for established assaults and battery?']

Ratio Decidendi

The property of the parties is to be divided 60% to the defendant and 40% to the plaintiff, excluding the plaintiff's lottery win, the latter being a windfall acquired post-separation to which the defendant made no contribution. The defendant established disability under the Limitation Act 1969 suspending limitation for certain assault causes, and is entitled to compensatory damages, including aggravated damages, for five assaults and batteries found proved, but not exemplary damages.

Court Disposition

Property adjustment in favour of defendant (60%), damages for assault (in favour of defendant) awarded; no exemplary damages awarded

Orders

  • ['Judgment for defendant on cross-claim for assault in the sum of $480,408' 'Property of the parties to be divided: 60% to defendant, 40% to plaintiff, excluding plaintiff’s lottery win' 'Balance of assets to be sold, debts paid, proceeds distributed proportionally' 'Parties to bring in short minutes']