JOHNSON v BUDERUS [1998] NSWCA 118

JOHNSON v BUDERUS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

POWELL, COLE and STEIN JJA 18 March 1998, 18 March 1998

[1998] NSWCA 118

Appeals and New Trial — Discretionary Judgment — Interference with — Grounds for — Whether made out

Family Law — Maintenance and property — De facto relationship — Adjustment of property interests

Powell JA This is an appeal from Orders made on 25 March and | April 1997 by Master McLaughlin in proceedings which had been brought by the Respondent seeking relief pursuant to the provisions of s20 of the De Facto Relationships Act 1984 ("the Act').

So far as is relevant for the purposes of this appeal, the first of the Master's Orders required the Appellant to pay to the Respondent, within a period of two months, the sum of $50,000, the payment of that sum to be charged upon a residential property at 171 Park Street Helensburgh ("the Helensburgh property') of which the Appellant was registered as proprietor and further required the Appellant, in the event of non-payment of that sum within the time limited by the Master, to submit the property for sale at auction and to pay to the Respondent out of the proceeds of sale, the sum of $50,000.

The second of the Master's Orders required the Appellant to pay the Respondent's costs of the hearing before him, such costs to be assessed on an indemnity basis.

By her Notice of Appeal and the Amended Notice of Appeal, which was filed, today, by leave, the Appellant seeks to have the Master's Orders set aside and seeks, in lieu thereof, a Declaration, or Order, to the effect that the Respondent's interests in the Helensburgh property, or in the proceeds of sale of that property, be limited to a sum of $13,000, together with an Order providing for the costs of the hearing at first instance and of the appeal.

What is in issue on the appeal is, thus, at most, a sum of $37,000 together with the parties' costs of the hearing at first instance and of the appeal.