Davis v Davis [2024] NSWCA 222

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Davis v Davis [2024] NSWCA 222 Hearing dates: 24 June 2024 Date of orders: 19 September 2024 Decision date: 19 September 2024 Before: White JA at [1]; Kirk JA at [2]; Basten AJA at [113] Decision: (1) Appeal allowed in part. (2) Set aside orders (1)-(3) and (6) made in the Equity Division on 15 December 2023 and in lieu thereof: (i) Order that Victor Bernard Davis (the defendant) transfer to Paula Jane Davis (the plaintiff) the whole of his interest in the property [to be formally identified in the order as entered]. (ii) The defendant is to do all such things and execute all such documents which are necessary to transfer the interest referred to in order (i) above. (iii) Should the defendant default in complying with order (ii) above, the Registrar in Equity is to do all of those things and sign all necessary documents in order to give effect to order (i) above. (iv) The plaintiff is to pay the defendant $100,000. (v) Order that each party bear their own costs of the proceedings in the Equity Division. (3) The respondent is to pay the appellant's costs of the appeal. Catchwords: PERSONAL PROPERTY – Property (Relationships) Act 1984 (NSW) – Domestic relationship between father and adult daughter – Deed entered into for father to transfer family house to daughter while retaining continuing right of occupation – Father moved out given dispute with daughter's son – Error in taking account of inheritance – Error in undervaluing father's contribution pursuant to the Deed – Incomplete reasoning – Consideration of matters not properly in issue and of little weight – Making of unfair and irrelevant findings – Re-exercise of discretion on appeal COSTS – Failure to make an offer of compromise not to be held against a party Legislation Cited: Property (Relationships) Act 1984 (NSW), ss 3(1), 5(1)(b), 8, 9, Pt 3, Pt 4 Cases Cited: Burgess v Moss [2010] NSWCA 139; (2010) 43 Fam LR 260 Chanter v Catts [2005] NSWCA 411; (2005) 64 NSWLR 360 Ducker v Smith [2011] NSWCA 212 Dwyer v Kaljo (1987) 11 Fam LR 785 Dwyer v Kaljo (1992) 27 NSWLR 728 Evans v Marmont (1997) NSWLR 70 House v The King [1936] HCA 40; (1936) 55 CLR 499 Howlett v Neilson [2005] NSWCA 149; (2005) 33 Fam LR 402 Kardos v Sarbutt [2006] NSWCA 11; (2006) 34 Fam LR 550 Manns v Kennedy [2007] NSWCA 217; (2007) 37 Fam LR 489 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; (1986) 162 CLR 24 Powell v Supresencia [2003] NSWCA 195; (2003) 30 Fam LR 463 Stephenson v State Bank of New South Wales Ltd (1996) 39 NSWLR 101 Talga Ltd v MBC International Ltd [1976] HCA 22; (1976) 133 CLR 622 Wallace v Stanford (1995) 37 NSWLR 1 Texts Cited: New South Wales, Law Reform Commission, Report on De Facto Relationships, No 36 (1983) Category: Principal judgment Parties: Victor Bernard Davis (Appellant) Paula Jane Davis (Respondent) Representation: Counsel: