Jones v Stacpoole [2002] NSWSC 907

New South Wales Supreme Court

CITATION : Jones v Stacpoole [2002] NSWSC 907 CURRENT JURISDICTION: Equity FILE NUMBER(S) : SC 2198/2001 HEARING DATE(S) : 19 & 20 September 2002 JUDGMENT DATE : 4 October 2002

Noelene Ann Jones (Plaintiff) PARTIES : Raymond Stacpoole (Defendant) JUDGMENT OF : Acting Master Berecry

Ms C Conomos (Plaintiff) COUNSEL : Mrs R Ashes (Defendant) Vizzone Ruggero & Associates (Plaintiff) SOLICITORS : Birch Partners (Defendant) CATCHWORDS : Property (Relationships) Act - long relationship - children of relationship - distinct period of relationship - contribution of proceeds of damages claim - inference to be taken from use of contribution in the absence of specific evidence - post separation contribution LEGISLATION CITED : Property (Relationships) Act 1984 - s 20 Re Marriage of Rolfe (1978) 26 ALR 219 Mallet v Mallet (1984) 156 CLR 605 Gazzard v Winders (1998) 23 FamLR 716 CASES CITED : Fuller v Taaffe 23 FamLR 702 at 712 Flett v Brough (NSWSC, unreported, McLaughlin M, 20 November 1998) Wallace v Stanford (1995) 37 NSWLR 1 Evans v Marmont (1997) 42 NSWLR 70 DECISION : See para 44

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ACTING MASTER BERECRY

FRIDAY, 4 OCTOBER 2002

2198/2001 - NOELENE ANN JONES v RAYMOND STACPOOLE JUDGMENT 1 MASTER: On 12 April 2001 the plaintiff filed a statement of claim seeking orders pursuant to s 20 of the Property (Relationships) Act 1984. In essence the plaintiff seeks to have the property known as 344 Lawrence Hargrave Drive, Scarborough transferred to her within in 42 days upon her making payment to the defendant of the sum equivalent to $200,000.00. 2 On 1 June 2001 the defendant filed a defence and cross claim. The cross claim seeks an order that the defendant pay to the plaintiff within 90 days the sum of $50,000.00. Upon payment of that sum the plaintiff be ordered to transfer her interests in the Scarborough property to the defendant. The defendant also seeks ancillary orders in the cross claim. 3 The parties commenced to live together in a defacto relationship in 1987. The plaintiff asserts that the relationship commenced in March of that year, whereas the defendant asserts that the relationship commenced in September of that year. In any event, in makes little difference to the duration of the relationship. Both parties agree that the relationship ended on 17 January 2001. Therefore, the relationship lasted some 13 years. 4 At the commencement of the relationship the parties had the following assets. The plaintiff 5 Household furniture and chattels with the an estimated value of $5,000.00. A personal injury claim in respect of injuries she sustained in a motor vehicle accident in 1985. The defendant