Antoinette Howard v Gregory Trosse [2008] NSWDC 328

New South Wales District Court

CITATION: Antoinette Howard v Gregory Trosse [2008] NSWDC 328 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 29/10/08 - 31/10/08 and 01/12/08

JUDGMENT DATE: 5 December 2008

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraphs 47-49 of Judgment

CATCHWORDS: Claims for adjustments of property pursuant to Property (Relationships) Act 1984 - Approach to be adopted, including allowance for indirect financial contribution in terms of salary foregone to establish and run joint business.

LEGISLATION CITED: Property (Relationships) Act 1984

Chanter v Catts (2005) NSW CA 411 CASES CITED: Paino v Paino (2008) NSW CA 276 at 72 Vitali v Stachnik (2001) NSW SC 408 at 47

PARTIES: Antoinette Howard (Plaintiff) Gregory Trosse (Defendant)

FILE NUMBER(S): 5119/07

COUNSEL: T Hodgson (Plaintiff/Cross-Defendant) N Carney (Defendant/Cross-Claimant)

JUDGMENT

1 These proceedings concern applications by both the plaintiff and defendant for orders for adjustment of property pursuant to the provisions of s 20 of the Property (Relationships) Act 1984. The approach to be adopted by the Court in making an adjustment of property order in accordance with the Act involves the three steps identified by Hodgson JA in Chanter v Catts (2005) NSW CA 411. At paragraphs 2-25 his Honour stated that, essentially, the steps involved from the Court's point of view were: 1. The identification and valuation of the property of the parties.

2. The identification and evaluation of the respective contributions of the parties of the types referred to in s 20 and