Westbrook v Jacobs [2008] NSWDC 246

New South Wales District Court

CITATION: Westbrook v Jacobs [2008] NSWDC 246

HEARING DATE(S): 10.10.08

JUDGMENT DATE: 17 October 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 The interest with respect to the property of the parties are adjusted by dispersing the fund of $43,848 as follows: i) In payment of the debt to the lessor of the business premises in the sum of $16,855. ii) In payment of the credit card debt of $5,596. DECISION: iii) In payment to the plaintiff of the sum of $15,000. iv) In payment to the defendant of the balance remaining of the fund. 2 Each party will pay his or her own costs. 3 The exhibits will be returned.

CATCHWORDS: PROPERTY (RELATIONSHIPS) ACT - adjustment of contributions to modest fund - conduct and purpose of parties in pursuing action.

LEGISLATION CITED: Property (Relationships) Act 1984 Uniform Civil Procedure Rules 2005

PARTIES: Mia Kym Westbrook - Plaintiff Gerard Jacobs - Defendant

FILE NUMBER(S): Newcastle 84/08

COUNSEL: B P Kelly - Plaintiff R L Wilkinson - Defendant

SOLICITORS: Fowler Predny Solicitors - Plaintiff Roderic W J Hale - Defendant

JUDGMENT

1 This matter involves an application under The Property( Relationships) Act 1984 for an adjustment of the property interests of Mia Kym Westbrook, the plaintiff, and Gerard Mark Jacobs, the defendant. The property concerning which there is a dispute is the cash sum of $43,848 currently held in a controlled money account by the plaintiff's solicitor. After deduction of joint liabilities of the parties, the sum available for adjustment on the plaintiff's case is $21,397 and on the defendant's case, less than $1,000.