Henriques v Fernandez [2008] NSWDC 149

New South Wales District Court

CITATION: Henriques v Fernandez [2008] NSWDC 149

HEARING DATE(S): 2 July 2008

JUDGMENT DATE: 2 July 2008

EX TEMPORE JUDGMENT DATE : 2 July 2008

JURISDICTION: District Court Civil jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: 1. The defendant to pay the plaintiff $175,000.00 2. The defendant to pay the plaintiff's costs on the ordinary basis

CATCHWORDS: PROPERTY (RELATIONSHIPS) ACT - adjustment of interests in property after a 10 year de facto relationship - COSTS - plaintiff forced to commence proceedings when the defendant refused to concede her any entitlement to a share of the increase in the equity of their home during co-habitation - costs should, therefore, follow that event

LEGISLATION CITED: Property (Relationships) Act 1984 UCPR r 42.1

CASES CITED: Baker v Towle [2008] NSWCCA at [22] to [25]

PARTIES: Prazeres Henriques (Plaintiff) Jesus Fernandez (defendant

FILE NUMBER(S): 1390/07

COUNSEL: Ms M Gillies (Plaintiff) The Defendant was unrepresented and did not appear

SOLICITORS: Foulsham & Geddes (Plaintiff) The Defendant was unrepresented and did not appear

JUDGMENT

1. Ms Henriques and Mr Fernandez were de facto partners within the meaning of the Property Relationships Act 1984 (the Act) for about ten years from June 1995 to June 2005. During that period they had one child, Veronica, who was born on 15 October 1996 and is now eleven. Ms Henriques had another daughter, Stephanie, from an earlier relationship, who was born on 14 November 1990 and who will be eighteen in December.