A Pty Ltd & Ors v X (No. 2) [2010] NSWSC 1493

New South Wales Supreme Court

CITATION : A Pty Ltd & Ors v X (No. 2) [2010] NSWSC 1493 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 7 December 2010

JUDGMENT DATE : 7 December 2010

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 7 December 2010

1. Order that within 30 days the third cross-defendant pay to the cross-claimant the sum of $1,400,000. DECISION : 2. Order that the third cross-defendant pay the cross-claimant $2,000 per week by way of maintenance until payment is made in full of the amount the subject of order one. 3. Direct that the exhibits be dealt with in accordance with Part 51, r 51.24 and r 51.43 of the Uniform Civil Procedure Rules 2005. 4. Order that the third cross-defendant pay the cross-claimant's costs of and incidental to the cross-claim.

CATCHWORDS : DE FACTO RELATIONSHIPS – application for orders to adjust property interests of parties by way of lump sum payment and orders for maintenance under Property (Relationships) Act 1984 – matters to be considered in making adjustments – assessment of financial and non-financial contributions of parties – relevance of party's likely bankruptcy on assessment of divisible property – relevance of conviction for crimes committed against applicant's daughter

Property (Relationships) Act 1984 (NSW) LEGISLATION CITED : Bankruptcy Act 1966 (Cth) Crimes Act 1900 (NSW)

CATEGORY : Principal judgment

CASES CITED : Kardos v Sarbutt [2006] NSWCA 11; (2006) 34 Fam LR 550 Hughes v Egger [2005] NSWSC 18