JONES v MARTIN [2000] NSWSC 1112

New South Wales Supreme Court

CITATION : JONES v MARTIN [2000] NSWSC 1112 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1224/2000 HEARING DATE(S) : 07/11/2000 and 08/11/2000 JUDGMENT DATE : 13 December 2000

PARTIES : Ann Melody Jones v Patrick John Martin JUDGMENT OF : Master Macready at 1

COUNSEL : Mr G. Rich for plaintiff Mr J. Wilson for defendant SOLICITORS : Penninsula Law for plaintiff T.H. Drake for defendant CATCHWORDS : Family Law. Application under Property Relationships Act for adjustment of parties' interests in property. Orders made. No matter of principle. Calverley v Green 155 CLR 242; CASES CITED : Green v Robinson (1995) 36 NSWLR 96; Black v Black (1991) 15 Fam LR 109 DECISION : Para 34

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER MACREADY

Wednesday 13 December 2000

1224/2000 ANN MELODY JONES v PATRICK JOHN MARTIN JUDGMENT 1 MASTER: This is an application under s 20 of the Property Relationships Act seeking adjustment of the parties' interests. The parties were in a defacto relationship for the period from May 1996 until 22 June 1999. There were no children of the relationship although the plaintiff had two children by a former marriage who lived with the parties during the period of their relationship. 2 The plaintiff was born on 18 September 1957. She had two children, Leanne born on 10 July 1984 and Vanessa born on 15 November 1986. She entered into a property settlement in 1991 as a result of which she purchased a property at 7 Dorothy Avenue, Woy Woy using the property settlement proceeds and a mortgage. Her marriage was dissolved in 1992. She had met the defendant after she had separated from her husband in 1990. The plaintiff and the defendant started going out together over the ensuing years. In 1996 the plaintiff and the defendant agreed to buy a house together and to live together in that house. The arrangement was that the plaintiff would sell her house and the defendant would sell his house which was located at 690 Pacific Highway, Narara. The plaintiff sold her house in Woy Woy in May 1996 for $146,000 and after discharging the mortgage she was left with $97,000. The two of them purchased 14 Rawson Road, Woy Woy on 2 May 1990. The property was purchased as tenants in common for the sum of $275,000. However, the defendant did not sell his property as, according to him, the market had dropped. Instead he extended a mortgage that already existed over his house to provide funds for the deposit on the new property. 3 Both parties were in employment. The defendant operated his own business as a concrete pumper and the plaintiff was engaged in the Home Care services as a field officer doing cleaning and personal home care. From time to time the plaintiff assisted the defendant by working in his business. In March 1998 she sustained an injury to her back during her employment with Home Care Services. She ceased that work and received workers' compensation payments in respect of that injury. 4 In September 1998 the plaintiff and the defendant began carrying out improvements to the property. It seems that the property was an old and run down property on the waterfront purchased with a view to it being improved in the future. These improvements were carried out through until early 1999. In February 1999 the defendant sold his property at Narara for $112,500 from which he received after the discharge of mortgages, some $25,000. Those sums do not seem to have been used to contribute to the joint assets. 5 It is useful to note the parties' property at the commencement and the conclusion of the relationship. At the commencement the plaintiff had her interest in 7 Dorothy Avenue, Woy Woy worth approximately $97,000. She had some furniture. 6 The defendant for his part had the following:- Plant and business equipment $30,000 690 Pacific Highway, Narara $110,000 Superannuation 12,390 Furniture 10,000