Attwells vCampbell [2000] NSWCA 132

Reported Decision : (2000) DFC 95-229

New South Wales Court of Appeal

CITATION : Attwells vCampbell [2000] NSWCA 132 FILE NUMBER(S) : CA 40760/98 HEARING DATE(S) : 19 April 2000 JUDGMENT DATE : 25 May 2000

PARTIES : Appellant: David Gordon Attwells Respondent: Louise Erica Campbell JUDGMENT OF : Meagher JA at 1; Fitzgerald JA at 11; Heydon JA at 17

LOWER COURT JURISDICTION : Supreme Court LOWER COURT Ed No 1971/1996 FILE NUMBER(S) : LOWER COURT Simos J JUDICIAL OFFICER :

COUNSEL : Appellant: E Cohen / V Bedrossian Respondent: B Collins SC / E White SOLICITORS : Appellant: David Hand (Hurstville) Respondent: Haydon Fowler Corbett Jessop (Caringbah) CATCHWORDS : DeFacto relationship - Imperfect deed - Whether amounted to binding contract - Intention of parties - enforceability - Specific performance LEGISLATION CITED : Child Support (Assessment) Act 1989 (Commonwealth) DeFacto Relationship Act 1984(NSW) CASES CITED: Baumgartner v Baumgartner (1987) 164 CLR 137 DECISION : Appeal dismissed with costs.

David Gordon ATTWELLS V Louise Erica CAMPBELL

DE FACTO RELATIONSHIP-IMPERFECT DEED-WHETHER AMOUNTED TO BINDING CONTRACT-INTENTION OF PARTIES-ENFORCEABILITY-SPECIFIC PERFORMANCE

Facts: The parties were involved in a de facto relationship which lasted for several years. They had one child, who lived with the respondent in a house which was registered in the respondent's name. The appellant paid the mortgage instalments on the house, as agreed under a document titled "Statutory Declaration" which was signed by the appellant but not the respondent. The appellant ceased to make payments on the house. The respondent brought action seeking to enforce the document. The trial judge found the document constituted a contract between the parties. The appellant appealed against this decision, arguing that the finding of a legally binding contract was against the weight of the evidence.