Webber v Webber [1999] NSWSC 1178

Webber v Webber [1999] NSWSC 1178

Property must be divided by giving effect to respective contributions, financial and non-financial, of each party throughout the relationship. A fair adjustment, in consideration of all contributions and the current assets and liabilities, is an award of 40% of net proceeds of the remaining property (the house) to the plaintiff and 60% to the defendant. An order for payment or sale is appropriate to realise that division.

Parties
Plaintiff: Terrie Christine Webber; Defendant: Keith John Webber
Jurisdiction
Australia
Judgment Date
22 November 1999
Procedural Posture
Application Under Property Relationships Act / Judgment at First Instance
Outcome
Order for adjustment of property interests; payment or sale ordered; costs order in favour of plaintiff.
Legal Topics
De Facto Relationship Property Adjustment, Contributions to Property, Division of Property, Homemaker Contributions
Family Law Equity De Facto Relationship Property Adjustment Contributions to Property Division of Property Homemaker Contributions

Case Brief

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Parties

Terrie Christine Webber

Plaintiff

Keith John Webber

Defendant

Procedural Posture

Application Under Property Relationships Act / Judgment at First Instance

Legal Issues

  1. 1 How should the property acquired during the de facto relationship be divided between the parties?
  2. 2 What weight should be given to financial and non-financial contributions, including homemaking and parenting?
  3. 3 How should property interests be adjusted under the Property Relationships Act 1984?

Ratio Decidendi

Property must be divided by giving effect to respective contributions, financial and non-financial, of each party throughout the relationship. A fair adjustment, in consideration of all contributions and the current assets and liabilities, is an award of 40% of net proceeds of the remaining property (the house) to the plaintiff and 60% to the defendant. An order for payment or sale is appropriate to realise that division.

Court Disposition

Order for adjustment of property interests; payment or sale ordered; costs order in favour of plaintiff.

Orders

  • Defendant to pay plaintiff $108,000 in exchange for transfer of her interest in 7A Sewell Street, Ryde, with defendant to indemnify her against mortgage liability.
  • If not paid within two months, the property is to be sold and proceeds distributed with 40% to plaintiff, 60% to defendant, after payment of liabilities and costs as specified.