William Neville Lane v Maxine Manuel [2012] NSWSC 8

William Neville Lane v Maxine Manuel [2012] NSWSC 8

It is just and equitable to adjust the interests of the parties by ordering the defendant to pay the plaintiff $250,000 within 28 days, in exchange for the plaintiff transferring his interest in the Medowie property to the defendant, in recognition of the plaintiff's significant financial contributions and the...

Source-derived case information.

Parties
Plaintiff: William Neville Lane; Defendant: Maxine Manuel
Jurisdiction
Australia
Judgment Date
01 February 2012
Procedural Posture
Application for Adjustment of Property Under the Property (relationships) Act 1984 / Final Judgment
Outcome
Orders made for adjustment of property; plaintiff to transfer his interest in Medowie property to defendant; defendant to pay plaintiff $250,000 within 28 days; parties to retain other property in their current possession; costs issue reserved.
Legal Topics
De Facto Relationships, Property Adjustment, Financial and Non Financial Contributions, Assessment of Contributions, Holistic Value Judgment
Family Law Property Law De Facto Relationships Property Adjustment Financial and Non Financial Contributions Assessment of Contributions Holistic Value Judgment

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Parties

William Neville Lane

Plaintiff

Maxine Manuel

Defendant

Procedural Posture

Application for Adjustment of Property Under the Property (relationships) Act 1984 / Final Judgment

Legal Issues

  1. 1 Whether orders should be made adjusting property interests between the parties under s 20 Property (Relationships) Act 1984
  2. 2 Assessment of financial and non-financial contributions of each party
  3. 3 Appropriate quantification and division of assets

Ratio Decidendi

It is just and equitable to adjust the interests of the parties by ordering the defendant to pay the plaintiff $250,000 within 28 days, in exchange for the plaintiff transferring his interest in the Medowie property to the defendant, in recognition of the plaintiff's significant financial contributions and the period of deprivation of benefit from the property, and with each party retaining other property and financial resources in his or her possession or control.

Court Disposition

Orders made for adjustment of property; plaintiff to transfer his interest in Medowie property to defendant; defendant to pay plaintiff $250,000 within 28 days; parties to retain other property in their current possession; costs issue reserved.

Orders

  • Defendant to pay plaintiff $250,000 within 28 days.
  • Plaintiff to transfer all interest in Medowie property to defendant.