Turton v Sheekey [2006] NSWDC 135

New South Wales District Court

CITATION: Turton v Sheekey [2006] NSWDC 135

HEARING DATE(S): 22 November 2006 EX TEMPORE JUDGMENT DATE : 11/22/2006

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. Orders in accordance with paragraphs 1, 2, 3, 4(a), 5, 6, 7, 8, 9, 13, 15, 16 to the exclusion of reference to the chicken shop, 17, 18, 19, 20 and 21 of the terms of settlement ; 2. The exhibits and affidavit material will be retained for twenty eight days.

CATCHWORDS: DE FACTO RELATIONSHIP failure to co-operate on agreed sale of assets.

PARTIES: Rachelle Joy TURTON David SHEEKEY

FILE NUMBER(S): Newcastle 539/05

Plaintiff - Julia Clarke SOLICITORS: Defendant - self represented

JUDGMENT

HER HONOUR

1 In this matter the plaintiff, by amended notice of motion filed with the Court on 31 August 2006, asks the Court to set aside orders made in terms of settlement that were filed with the Court on 14 October 2005 and seeks substitution of orders in lieu thereof.

2 The proceedings arise out of a de facto relationship between the parties dating from September 2002 until September 2004. There is a child of the relationship, a daughter Sophie, who will be two years old in February 2007.

3 The evidence established that both parties had assets at the commencement of the relationship, the plaintiff claiming to have been in a net asset position of some $236,000, part of it being her own home with a small mortgage. The defendant claimed to have had assets at the commencement of the proceedings of about $500,000.

4 In the course of their relationship the parties jointly purchased a house at Lake Munmorah for the sum of $612,000. When they separated it was agreed that the house would be sold but that, I fear, was the last time the parties agreed upon anything.