Moss -v- Burgess [2009] NSWDC 138

Moss -v- Burgess [2009] NSWDC 138

The court found that a domestic relationship existed between the parties from 1990 until September 2006, with the plaintiff making substantial contributions as homemaker enabling the defendant to increase his assets and subdivide property. The asset pool attributable to the relationship was assessed at $1,109,000 (excluding receipts from the defendant's mother's estate). Taking into account previous payments made to the plaintiff, the court held a fair adjustment to be an award of $195,000 to the plaintiff.

Jurisdiction
Australia
Judgment Date
19 June 2009
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for the plaintiff for $195,000 and costs.
Legal Topics
['property Adjustment' 'de Facto Relationships' 'homemaker Contributions' 'assessment of Asset Pool' 'failure to Disclose Assets']
['family Law'] ['property Adjustment' 'de Facto Relationships' 'homemaker Contributions' 'assessment of Asset Pool' 'failure to Disclose Assets']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ['Whether and when the domestic relationship between the parties ended' 'What assets form the divisible pool for adjustment' 'Respective contributions of the parties during the relationship' 'Appropriate adjustment of property interests']

Ratio Decidendi

The court found that a domestic relationship existed between the parties from 1990 until September 2006, with the plaintiff making substantial contributions as homemaker enabling the defendant to increase his assets and subdivide property. The asset pool attributable to the relationship was assessed at $1,109,000 (excluding receipts from the defendant's mother's estate). Taking into account previous payments made to the plaintiff, the court held a fair adjustment to be an award of $195,000 to the plaintiff.

Court Disposition

Judgment for the plaintiff for $195,000 and costs.

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $195,000.' "The defendant is to pay the plaintiff's costs of the proceedings. This order is suspended for seven days to allow the parties to list the matter for argument, if required." 'The exhibits are returned.' 'My reasons are published.']