Drennan v Callen [2006] NSWSC 775

Drennan v Callen [2006] NSWSC 775

Given the existence of a child of the parties, the court is not precluded from granting property adjustment orders even though neither period of cohabitation lasted two years. Leave is granted to bring an application relating to the first period of cohabitation out of time as refusal would cause serious injustice to...

Source-derived case information.

Parties
Plaintiff: Sandra Jeanette Drennan; Defendant: Peter Andrew Callen
Jurisdiction
Australia
Judgment Date
04 August 2006
Procedural Posture
Equity (family Property) / Final Hearing With Written Reasons; Orders to Be Brought in
Outcome
Leave granted to apply out of time for first period of cohabitation; Plaintiff entitled to 60% of net proceeds of Maroubra property sale; matter stood over for short minutes of final orders.
Legal Topics
De Facto Relationship, Adjustment of Property Interests, Jurisdiction Under Property (relationships) Act, Duration of Cohabitation, Leave to Apply Out of Time, Contributions—homemaker and Parent
Family Law De Facto Relationship Adjustment of Property Interests Jurisdiction Under Property (relationships) Act Duration of Cohabitation Leave to Apply Out of Time Contributions—homemaker and Parent

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Parties

Sandra Jeanette Drennan

Plaintiff

Peter Andrew Callen

Defendant

Procedural Posture

Equity (family Property) / Final Hearing With Written Reasons; Orders to Be Brought in

Legal Issues

  1. 1 Whether leave should be granted to bring application relating to property adjustment outside the two-year limit for the first period of cohabitation
  2. 2 Appropriate adjustment of property interests under s20 of the Property (Relationships) Act 1984
  3. 3 Extent and effect of each party’s contributions as financial provider, homemaker and parent

Ratio Decidendi

Given the existence of a child of the parties, the court is not precluded from granting property adjustment orders even though neither period of cohabitation lasted two years. Leave is granted to bring an application relating to the first period of cohabitation out of time as refusal would cause serious injustice to the Plaintiff and no unusual prejudice occurs to the Defendant. The proper adjustment grants the Plaintiff 60% of the net proceeds of sale of the Maroubra property, taking account of her contributions and principal responsibility as homemaker and parent.

Court Disposition

Leave granted to apply out of time for first period of cohabitation; Plaintiff entitled to 60% of net proceeds of Maroubra property sale; matter stood over for short minutes of final orders.

Orders

  • Leave granted to the Plaintiff to institute proceedings in respect of the period January 1999 to November 2000.
  • Order for sale of the Maroubra property.