Evans v Langton [2002] NSWCA 208

Reported Decision : (2002) DFC 95-259

New South Wales Court of Appeal

CITATION : Evans v Langton [2002] NSWCA 208 FILE NUMBER(S) : CA 40903 of 2001 HEARING DATE(S) : 27/06/02 JUDGMENT DATE : 31 July 2002

Frances Louise Evans PARTIES : v Ian Richard Langton JUDGMENT OF : Meagher JA at 1; Santow JA at 18; Foster AJA at 19

LOWER COURT JURISDICTION : District Court LOWER COURT DC 1796 of 2001 FILE NUMBER(S) : LOWER COURT Patten DCJ JUDICIAL OFFICER :

COUNSEL : Appellant: Mr E White Respondent: Mr R Maurice SOLICITORS : Appellant: John Byrnes & Associates Respondent: Loder & Loder CATCHWORDS : Section 20 Property (Relationships) Act 1984 - de-facto relationship - whether the findings reflected the orders made by the trial judge - appeal allowed. LEGISLATION CITED : Property (Relationships) Act 1984 DECISION : See Page 7 of Judgment.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40903 of 2001

MEAGHER JA SANTOW JA FOSTER AJA

Wednesday, 31 July 2002 FRANCES LOUISE EVANS v IAN RICHARD LANGTON

FACTS The appellant, Ms L. Evans ("wife"), lived together in a de-facto relationship with the respondent, Mr R Langton ("husband"), from September 1993 until January 1999. The de-facto couple purchased a house ("the matrimonial home") for $395 000, stamp duty and related expenses being $15 000. The appellant contributed $160 000 of the purchase price ($410 000) from her own resources, and the balance ($250 000) was borrowed jointly by the parties on mortgage from the National Australia Bank. As to the mortgage, it was agreed by the parties that the moneys would be repaid as to 82% by the respondent ($205 000) and as to 18% by the appellant ($45 000). In December 1996, the appellant contributed another capital sum of $40 000, thereby reducing her liability under the mortgage to $5000, and later paid a further $11 000. The respondent contributed about $110 000 towards repayment of the mortgage, of which $76 000 was credited against interest.