WRIGHT v FOWLER [1996] NSWCA 567

WRIGHT v FOWLER [1996] NSWCA 567

The $110,000 contributed by the respondent was a loan, not a gift. The Master did not err in assessing financial contributions or in disregarding the capital losses suffered by the appellant, given the legal relationship and lack of a joint endeavour granting the respondent an interest in property or business. The appeal against the adjustment and costs order wholly failed.

Parties
Appellant: Wright; Respondent: Fowler
Jurisdiction
Australia
Judgment Date
06 May 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
De Facto Relationships, Financial Contributions, Property Adjustment, Loans, Capital Losses
Family Law De Facto Relationships Financial Contributions Property Adjustment Loans Capital Losses

Case Brief

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Parties

Wright

Appellant

Fowler

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the $110,000 contributed by the respondent was a loan or gift
  2. 2 Whether the Master properly assessed the parties' financial contributions
  3. 3 Whether proper account was taken of capital losses suffered by the appellant

Ratio Decidendi

The $110,000 contributed by the respondent was a loan, not a gift. The Master did not err in assessing financial contributions or in disregarding the capital losses suffered by the appellant, given the legal relationship and lack of a joint endeavour granting the respondent an interest in property or business. The appeal against the adjustment and costs order wholly failed.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Appellant to pay respondent $135,000 representing loan principal and interest at approximately 7% per annum