Sudsai v Barbetti & Anor [2008] NSWDC 30

New South Wales District Court

CITATION: Sudsai v Barbetti & Anor [2008] NSWDC 30

HEARING DATE(S): 22 October 2007, 23 October 2007, 24 October 2007, 25 October 2007, 26 October 2007, 10 December 2007 and 11 December 2007

JUDGMENT DATE: 18 March 2008

JURISDICTION: Civil

JUDGMENT OF: Hungerford ADCJ

DECISION: (1) Plaintiff entitled to adjustment in her favour of 26 per cent of the property interests of the parties valued as at the date of separation in May 2003; (2) First defendant to pay the plaintiff a lump sum of $199,202 within 28 days; (3) Failing the first defendant's compliance with payment, the first and second defendants take all necessary steps to effect a sale of their property at Chapel Hill in Queensland and to apply the proceeds to satisfy the payment to the plaintiff in (2) hereof plus interest; (4) First defendant to transfer to the plaintiff within 14 days his interest in the ASG Scholarship Fund, Telstra shares and funds held in trust by Paul & Paul, Solicitors, in relation to Qantas shares; (5) Otherwise, the parties be declared the owners of all the assets presently held by them and be solely responsible for all liabilities held in each of their respective names; (6) No order as to the second defendant's costs; (7) Plaintiff and first defendant to he heard on costs; and (8) Plaintiff to bring into Court short minutes of order.

CATCHWORDS: FAMILY LAW – De facto relationships – Adjustment of - parties' property interests – Application under s 20 of Property (Relationships) Act 1984 – Relevant property – Superannuation entitlements - Contributions of financial and non-financial nature – Inheritances – Evaluation of contributions – Proper date to value assets – Valuation of overseas real property – Duration of de facto relationship – Nature of a de facto relationship – Time limit of 2 years within which claim to be brought – Leave available to extend limitation period – Significant post-separation expenditure by one party to the - relationship – Notional add-back of such expenditure into asset pool – Homemaking and parenting roles – Nature and type of orders which may be made – Just and equitable order – Holistic approach – Payment of a lump sum – Sale of real property to secure payment – Transfer of interest in personal property – Principles as to costs of proceedings.