27 Mar 2013
DWG V JCF HC BLE CIV-2012-406-251
- Citation
- openlaw-5ba4d133_86f1_4387_aae6_469c143ce2ff.pdf
- Court
- High Court
The High Court held that the parties were in a de facto relationship, the s 21 agreement met formalities but produced a substantial disparity (JCF receiving effectively one‑eighth of the home's net value) which, when considered with evidence of controlling and abusive conduct and exploitation of JCF's urgent need to purchase another property, meant giving effect to the agreement would cause serious injustice under s 21J; the transfer of $300,000 to a discretionary trust controlled by DWG did not compensate JCF, so the agreement was properly set aside, although orders compelling the trustees t…