AUDREY MAY MILLER v NEVILLE JOHN BARKER [1990] NSWCA 125

AUDREY MAY MILLER v NEVILLE JOHN BARKER SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, PRIESTLEY and MEAGHER JJ 28 August 1990, 27 September 1990 [1990] NSWCA 125

De Facto Relationships Act s20 Contributions to relationship — partnership asset — valuation principles — valuation of rural land

Gleeson CJ In this matter I have had the benefit of reading in draft form the judgment of Meagher JA. I agree with the orders proposed by his Honour and with his reasons for those orders.

Priestley JA I agree with Meagher JA.

Meagher JA This is an appeal by the plaintiff, Miss Miller, from an order madeby Hodgson J. under s20 of the De Facto Relationships Act, 1984 in her favour in the sum of $202,000.00. She says the order should have been larger, in fact $328,500.00.

The facts are relatively simple, and except as later indicated, not in dispute. Miss Miller was born on 12 November, 1934. She has one child, Glen, born in 1958 from a previous relationship. The defendant, the present respondent, Neville John Barker, was born on 21 January, 1944. He has two children of a previous marriage. Miss Miller and Mr Barker commenced their liaison in 1971 or 1972, and it continued until January, 1987. At the commencement of this relationship, she owned a house at | Braidwood Road, Goulburn and he owned a home in Middle Arm Road, Goulburn. Both parties contributed financially to the liaison. She earned wages as a cook until 1981, performed most of the household duties, and from her wages paid most of their living expenses. He earned wages as an insurance manager until about 1981, and applied his earnings towards the purchase of various items of plant and equipment. To the same end he applied moneys earned by him from share-farming and doing various farming and cartage jobs. In 1976, she received a little over $8,000.00 from her mother's estate, and applied this to their joint benefit.