WALTER v JONG [1997] NSWCA 333

WALTER v JONG

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

COLE, BEAZLEY and STEIN JJA 5 September 1997, 5 September 1997

[1997] NSWCA 333

Family Law — De Facto Relationships Act 1984 s20(1) — property interests — contributions — amended Notice of Appeal

Cole JA In this matter I have had the advantage of reading the draft of the judgment of Stein JA shortly to be delivered and I agree with it.

I would add only this, counsel for the appellant during discussion accepted that the respondent had entered the de facto relationship virtually with nothing save a small quantum of jewellery and left the relationship in the same condition.

The appellant on the other hand had entered the relationship with minor assets which included an equity in some land upon which the substantial asset which he ultimately held was constructed, namely a house.

Counsel also accepted that at the termination of the de facto relationship the appellant had assets in the order of $115,000 comprising principally the house and, in addition, a superannuation entitlement in the order of $50,000 so that his assets were in the order of $160,000 to $170,000.

It was also accepted by counsel for the appellant that the respondent had made a contribution towards the house which was in the order of $35,000. It is against that background and consistently with the approach adopted by this court in Evans v Marmont (Unreported, 1 July 1997), that the question of whether the exercise of the Master's discretion has miscarried must be considered.

The Master's award of $65,000 in my view is towards the top, if not at the top, of the permissible discretionary range. Nonetheless in my view it falls within that range. In those circumstances I would agree with the orders proposed by Stein JA that the appeal be dismissed with costs.

Beazley JA I agree with the orders proposed by Stein JA and with his reasons which I have had the opportunity to see in draft and also with the comments and reasons of Cole JA.