Simone Starr-Diamond v Talus Diamond [2012] NSWSC 675

Simone Starr-Diamond v Talus Diamond [2012] NSWSC 675

The defendant's financial and non-financial contributions to the parties' property and welfare substantially outweighed those of the plaintiff. The property now held by each already reflects their respective contributions, and no further adjustment under s 20 of the Property (Relationships) Act 1984 is warranted. Orders are made for sale and division of jointly held property but no adjusting order in plaintiff's favour.

Parties
Plaintiff: Simone Starr-Diamond; Defendant: Talus Diamond
Jurisdiction
Australia
Judgment Date
19 June 2012
Procedural Posture
Equity Division Proceedings for Property Adjustment Under Property (relationships) Act 1984 (nsw) / Principal Judgment After Contested Hearing
Outcome
Plaintiff's claim for property adjustment under Property (Relationships) Act 1984 dismissed; orders made for sale and division of certain properties; no adjusting order made in plaintiff's favour. Directions for submissions on costs.
Legal Topics
Domestic Relationships, De Facto Relationships, Adjustment of Property Interests, Financial Contribution, Non Financial Contribution, Welfare Contribution, Division of Property, Property (relationships) Act 1984 (nsw) S 20
Family Law Equity Domestic Relationships De Facto Relationships Adjustment of Property Interests Financial Contribution Non Financial Contribution Welfare Contribution +2 more

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Parties

Simone Starr-Diamond

Plaintiff

Talus Diamond

Defendant

Procedural Posture

Equity Division Proceedings for Property Adjustment Under Property (relationships) Act 1984 (nsw) / Principal Judgment After Contested Hearing

Legal Issues

  1. 1 Whether a just and equitable adjustment of property interests should be made under Property (Relationships) Act 1984 (NSW) s 20 between parties to a domestic relationship;
  2. 2 Assessment of relative financial, non-financial, and welfare contributions of each party;
  3. 3 Appropriate division or disposal of joint properties and return of claims for loans and chattels

Ratio Decidendi

The defendant's financial and non-financial contributions to the parties' property and welfare substantially outweighed those of the plaintiff. The property now held by each already reflects their respective contributions, and no further adjustment under s 20 of the Property (Relationships) Act 1984 is warranted. Orders are made for sale and division of jointly held property but no adjusting order in plaintiff's favour.

Court Disposition

Plaintiff's claim for property adjustment under Property (Relationships) Act 1984 dismissed; orders made for sale and division of certain properties; no adjusting order made in plaintiff's favour. Directions for submissions on costs.

Orders

  • Order that the joint Tasmanian properties (Ambleside and Bakers Beach) be sold and net proceeds equally divided after adjustment for outgoings, expenses, and relevant mortgages.
  • Order for sale of Suite 201, Macquarie Street, Sydney (Dogstar Diamond Pty Ltd) and repayment of loans/mortgages; balance divided equally to shareholders after liabilities discharged and company wound up.