Dunstan v Rickwood [2006] NSWDC 170

Reported Decision : 6 DCLR(NSW) 6

New South Wales District Court

CITATION: Dunstan v Rickwood [2006] NSWDC 170

HEARING DATE(S): 09/10/06 - 11/10/06

JUDGMENT DATE: 9 October 2006

JUDGMENT OF: Goldring DCJ

DECISION: Court has jurisdiction

CATCHWORDS: Jurisdiction - Residence

LEGISLATION CITED: Property (Relationships) Act 1984

Kemp v Webber (2003) ACT SC 7 Havsat v Director General Social Security (1985) 60 ALR 674 Gregory v Deputy Federal Commissioner of Taxation Western Australia (1937) 57 CLR 774 CASES CITED: Commissioner of Taxation v Miller (1946) 73 CLR 93 Lavine v The Inland Revenue Commissioners [1928] Appeal Cases 217 Fox v Stirk [1973] 3 All England Reports 7 The Federal Commissioner of Taxation v Applegate 79 Australian Tax Cases 4307

PARTIES: Ross Dunstan (Plaintiff) Julie Rickwood (Defendant)

FILE NUMBER(S): 942 of 2005

COUNSEL: Mr G Brsztowski SC (Plaintiff) Mr R Maurice (Defendant)

SOLICITORS: Crowley Clifford Simpson (Plaintiff) Lessli Strong & Associates (Defendant)

JUDGMENT

1 This is a claim by the plaintiff, Mr Dunstan, against the defendant, Ms Rickwood, under the Property (Relationships) Act 1984.

2 The relationship commenced in 1993 and finished in 2002. For most of the period of that relationship the parties lived in a property in Duffy Street, Ainslie, in the ACT. They also separately acquired and disposed of other properties during that period.

3 Before the relationship ended the plaintiff bought a property at 161 Annetts Parade, Mossy Point, New South Wales. He says that when the relationship ended he went to live there and he was living there at the time that these proceedings were commenced in April 2003. He says that since that time, although he retains the property at Mossy Point and goes there when he can, he now lives with his new partner in the ACT.