NSW Caselaw
New South Wales District Court
CITATION: Waterfield v Capaldi [2008] NSWDC 308
HEARING DATE(S): 25-26 November 2008 EX TEMPORE JUDGMENT DATE : 28 November 2008
JURISDICTION: Civil
JUDGMENT OF: Sidis DCJ
1 Within 10 weeks of the date of these orders the defendant is to discharge the mortgage secured on the property situated at and known as 42 Christopher Avenue, Valentine. 2 Simultaneously with compliance by the defendant with order 1, the plaintiff is to: DECISION: (i) do all such acts and execute all such documents as are necessary to transfer to the defendant his right, title and interest in the property at Valentine; (ii) pay to the solicitors for the defendant for and on her behalf the sum of $53,401. 3 In the event that either party refuses or neglects to sign within 14 days after receipt of a written request to do so any documents necessary to put into effect the terms of these orders, the Registrar of the Newcastle District Court be appointed to execute such documents in the name of the defaulting party pursuant to the provisions of s 39 of the Property (Relationships) Act 1984. 4 Stood over to 3.12.08 to deal with costs.
CATCHWORDS: PROPERTY (RELATIONSHIPS) ACT - overstatement of assets - non-financial contributions in loss of opportunity to establish career.
LEGISLATION CITED: Property (Relationships) Act 1984
PARTIES: Ivan Waterfield (Plaintiff) Emma Jane Capaldi (Defendant)
FILE NUMBER(S): Newcastle 164/07
COUNSEL: W J Tregilgas (Plaintiff) S C Austin (Defendant)
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