Edward Walter Weeden v Nina Mary Burke [2009] NSWDC 148

New South Wales District Court

CITATION: Edward Walter Weeden v Nina Mary Burke [2009] NSWDC 148

HEARING DATE(S): 9/6/09 - 12/6/09

JUDGMENT DATE: 24 June 2009

JURISDICTION: Civil

JUDGMENT OF: Rolfe DCJ

DECISION: See paragraph 57 and following of Judgment

CATCHWORDS: Property (Relationships) Act 1984 - Adjustment of interest in Property - Steps involved - Valuing Net Asset Pool - Method to be adopted - Consideration of Financial and other contributions

LEGISLATION CITED: Property (Relationships) Act 1984 Family Law Act 1975 (Cth)

Bilous v Mudaliar (2006) NSW LR 615 Baker v Towle (2008) NSW CA 73 CASES CITED: In the marriage of Turnbull (1991) Fam CA 26 (8/5/91) Paino v Paino (2008) NSW CA 276 Elsey v Elsey (1996) Fam CA 131

PARTIES: Edward Walter Weeden (Plaintiff) Nina Mary Burke (Defendant

FILE NUMBER(S): 5637/07

COUNSEL: L Snelling (Plaintiff) A Givney (Defendant)

JUDGMENT

Background

1 The plaintiff, Edward Walter Weeden, met the defendant, Nina Mary Burke, in 1974 and they commenced cohabitation shortly thereafter. Mr Weeden is now aged 65 years and Ms Burke 51 years. They have two children, Jodie and Rebecca, aged 31 years and 25 years respectively.

2 In 1979, together with his business partner, John Vollman, the plaintiff paid $72,000 to purchase a semi-rural property at Leets Vale (the "Property"). In his valuation report dated 23 June 2008 (part of exhibit 10), Mr Deguara said that the entire southern boundary and a large part of the western boundary of the Property borders the Hawkesbury River with good water and mountain views.