Lynch v Sultana [2005] NSWDC 17

New South Wales District Court

CITATION: Lynch v Sultana [2005] NSWDC 17

HEARING DATE(S): 28/11/05 - 2/12/05 EX TEMPORE JUDGMENT DATE : 8 December 2005

JUDGMENT OF: Rein SC DCJ

DECISION: At [50].

CATCHWORDS: Property (Relationships) Act ss.20, 42, 43 - Assessment of joint assets as at time of separation - Interest under a will - Issue of 'clean hands' in claims under the Act - Whether orders could be made against a third party other than under s.42 of the Act - Amendment of claim

Property (Relationships) Act 1984, ss 8, 18, 20, 38, 42, 43 LEGISLATION CITED: Evidence Act 1995, ss.83, 128 Conveyancing Act 1919, s23C

Cory v Gertcken (1816) 2 Madd 40; 56 ER 250 CASES CITED: Overton v Banister (1884) 3 Hare 503; 67 ER 479 Powell v Supresencia (2003) 30 Fam LR 463 State of Queensland v JL Holdings Pty Limited (1997) 189 CLR 146

Vanessa Jane Lynch (Plaintiff) Victor Sultana (First Defendant) PARTIES: Vic's Freights Pty Ltd (Second Defendant) Matthew Sultana (Third Defendant) Sultana Transport Pty Ltd (Fourth Defendant)

FILE NUMBER(S): 50/03

Mr Clifton (Plaintiff) COUNSEL: Mr Bliim (First & Second Defendants) Mr Pluznyk (Third & Fourth Defendants)

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JUDGMENT

1 HIS HONOUR: These proceedings arise out of a de facto relationship between the plaintiff, Vanessa Jane Lynch ("Vanessa"), and the first defendant, Victor Sultana ("Victor"). The relationship produced three children and continued for approximately nine and a half years. There is no dispute that the plaintiff is entitled to a 50 per cent share of the net joint assets at the time of separation.