Taylor v Goddard [2009] NSWSC 649

Taylor v Goddard [2009] NSWSC 649

Given the greater contribution by the plaintiff, particularly to the parties’ preschool business and as homemaker, and the parties’ treatment of separate finances except for the preschool and Sackville property, just and equitable adjustment requires treating the plaintiff as beneficially entitled to half the...

Source-derived case information.

Parties
Plaintiff: Vicky Anne Taylor; Defendant: Kevin Goddard
Jurisdiction
Australia
Judgment Date
25 June 2009
Procedural Posture
Application Under S 20 of the Property (relationships) Act 1984 (nsw) / Principal Judgment After Final Hearing
Outcome
Orders for adjustment of interests in property in accordance with reasons and short minutes of order: plaintiff to receive $360,000 or (on sale) half of Sackville property’s net proceeds; plaintiff to receive two-thirds of her costs (except as to costs thrown away by reason of certain affidavits/adjournments, as...
Legal Topics
De Facto Relationships, Adjustment of Property Interests, Assessment of Financial and Non Financial Contributions, Just and Equitable Orders
Family Law Equity De Facto Relationships Adjustment of Property Interests Assessment of Financial and Non Financial Contributions Just and Equitable Orders

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Summary, issues, holding and outcome

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Parties

Vicky Anne Taylor

Plaintiff

Kevin Goddard

Defendant

Procedural Posture

Application Under S 20 of the Property (relationships) Act 1984 (nsw) / Principal Judgment After Final Hearing

Legal Issues

  1. 1 Assessment of financial and non-financial contributions in a de facto relationship
  2. 2 Whether an adjustive property order should be made under s 20 Property (Relationships) Act 1984 (NSW)
  3. 3 Appropriate approach for division of property where parties kept finances separate

Ratio Decidendi

Given the greater contribution by the plaintiff, particularly to the parties’ preschool business and as homemaker, and the parties’ treatment of separate finances except for the preschool and Sackville property, just and equitable adjustment requires treating the plaintiff as beneficially entitled to half the Sackville property; if defendant cannot pay $360,000 for that interest, the property is to be sold and proceeds divided equally.

Court Disposition

Orders for adjustment of interests in property in accordance with reasons and short minutes of order: plaintiff to receive $360,000 or (on sale) half of Sackville property’s net proceeds; plaintiff to receive two-thirds of her costs (except as to costs thrown away by reason of certain affidavits/adjournments, as...

Orders

  • If defendant pays $360,000 to plaintiff within 90 days and assumes mortgage, plaintiff's interest satisfied without sale; otherwise, Sackville property to be sold and net proceeds divided equally.
  • Defendant to indemnify plaintiff for mortgage as specified if property retained.