DRIDI v FILLMORE [2001] NSWSC 319

Reported Decision : (2001) DFC 95-232

New South Wales Supreme Court

CITATION : DRIDI v FILLMORE [2001] NSWSC 319 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1101/2000 4, 5 May 2000 HEARING DATE(S) : 3,4,5,6,17 & 18 October 2000 2,3 November 2000 JUDGMENT DATE : 30 April 2001

PARTIES : Daniel Nourredine Dridi v Donal Russell Fillmore JUDGMENT OF : Master Macready at 1

COUNSEL : Mr C.R. de Robilliard for plaintiff Mr L. de Vere Tyndall for defendant SOLICITORS : John A. Hunter for plaintiff Gregory Falk & Associates for defendant CATCHWORDS : Family Law. Application under Property Relationships Act for adjustment of parties' interests following termination of a same sex relationship. Consideration of whether there was a domesticl relationship between the parties. Held that any such relationship had ceased before 28 June 1999 when the amendments brought about by the Property (Relationships) Legislation Amendment Act 1999 came into effect. - Whether parties had entered into a termination agreement. - Held no such agreement. - In the event that such an agreement had been entered into then in the circumstances regard should not be had to the terms of the agreement. - Even if there had been a relevant relationship any contributions had been adequately compensated and that no order should be made in favour of the plaintiff. - Order on defendant's cross claim for two claims for money had and received and conversion of chattels for $110,215.99. LEGISLATION CITED : Property (Relationships) Act 1984 Property (Relationships) Legislation Amendment Act 1999 Light v Anderson (1992) DFC 95120 Simonis v Perpetual Trustee Co Ltd (1990) 21 NSWLR 677 Main v Main (1949) 78 CLR 636 George v Hibberson (1987) DFC 95-054 Hibberson v George (1989) 12 Fam LR 725 at 740 Lipman v Lipman (1989) 13 Fam LR 1 Thomson v Badger 13 Fam LR 559 Australian National Railways Commission v Gerlach (1987) DFC 95/048 CASES CITED : Theodoropoulos v Theodosiou (1995) 38 NSW LR 424 Gazzard v Winders (unreported Court of Appeal 23 July 1998 Del Gallo v Fredericksen Master Macready unreported 23 July 1999 Del Gallo v Friedericksen [2000] NSWCA 293 Roy v Sturgeon (1986) 11 nswlr 454 MacDonald v Stilsa [2000] NSWCA 302 Evans v Marmont (1997) 42 NSWLR 70 Briginshaw v Briginshaw (1938) 60 CLR 366 Dignam Pty Ltd v Wright (No 2) (1983) 2 NSWLR 354 DECISION : Paragraph 132