THEODOROPOULOS v THEODOSIOU [1997] NSWCA 313

THEODOROPOULOS v THEODOSIOU

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

PRIESTLEY JA and POWELL JA 22 September 1997

[1997] NSWCA 313

Priestley JA. Before the court is a question arising out of orders made and entered pursuant to reasons, decisions and judgment delivered by the court on 16 November 1995. The judgment was to the effect that pursuant to the De Facto Relationships Act and an application made under it, the respondent to the appeal should have his property interests adjusted by ordering him to pay $50,000 to the appellant and by charging some real property of his with the payment of that sum.

All members of the court, for reasons somewhat differently expressed, agreed with the primary order directed to the respondent concerning the $50,000 and the charge on his property. Taking the reasons that were given in their order of delivery, I said that the orders should take effect as at 4 December 1991, the date of the order made by the Master; Clarke JA agreed with the orders that I proposed and Powell JA also agreed with those orders — using his language, he joined in the orders that I had proposed.

At the end of my own reasons, after the matter that I have already referred to, I stated the formal orders that, in my opinion, the court shouldmake. These did not deal specifically with the question of interest running on the amount of $50,000 earlier referred to.

The question has since arisen between the parties whether interest ran from 4 December 1991 or from some other date or did not run at all. That question has come before the court today.

In my opinion, it is clear from a reading of the expressed reasons of each member of the court that the orders were intended to embrace the allowance of interest on the $50,000 from 4 December 1991, the date at which the orders were to take effect.