Beattie v Reid [2002] NSWSC 1088

Reported Decision : (2003) DFC 95-264

New South Wales Supreme Court

CITATION : Beattie v Reid [2002] NSWSC 1088 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1266/99 HEARING DATE(S) : 9, 10, 13, 14 May 2002 (Written submissions to 9 July 2002) JUDGMENT DATE : 19 November 2002

PARTIES : Janet Patricia Beattie (Plaintiff) John Robert Reid (Defendant) JUDGMENT OF : Master McLaughlin

COUNSEL : R. Druitt (for Plaintiff) G. Watkins (for Defendant) SOLICITORS : Kacir & Associates (Plaintiff) David Trodden & Associates (Defendant) CATCHWORDS : Family law - De facto relationship - Adjustment of interests in property - House property puchased originally in sole name of Defendant and subsequently transferred by him into joint names of Plaintiff and Defendant - Respective contributions of parties - Parties conjointly conducted an illegal gambling enterprise - Court will not lend its aid to make an order adjusting the interests of the parties in the proceeds of that criminal activity - To do so would be highly offensive to public policy - Those proceeds will be disregarded in considering the respective contributions of the parties - Any consequent loss must lie where it falls - Evidence concerning present and likely future needs of parties should be disregarded - Caution should be exercised in applying to claims by a de facto partner under section 20 of the Property (Relationships) Act 1984 (NSW) the principles which the Family Court of Australia applies to applications under section 79 of the Family Law Act 1975 (Cth) - The Property (Relationships) Act looks to past contributions, whereas the Family Law Act looks also to present and future needs - Real Property - Held in co-ownership - Application by one party for appointment of statutory trustees for sale. Family Law Act 1975 (Commonwealth) LEGISLATION CITED : Conveyancing Act 1919 Property (Relationships) Act 1984 Beresford v Royal Insurance Company Limited [1938] AC 586 Black v Black (1991) 15 FamLR 109 Burrows v Rhodes [1899] 1 QB 816 Cleaver v Mutual Reserve Fund Life Association [1892] 1 QB 147 Evans v Marmont (1997) 42 NSWLR 70 Everet v Williams (1725) (1893) LQR 197 Fitzgerald v F.J. Leonhardt Pty Limited (1997) 189 CLR 215 Hollman v Johnson (1775) 1 Cowp 341; 98 ER 1120 CASES CITED : Jones v Grech [2001] NSWCA 208 Matheson v Wallis [2001] NSWSC 931 Nelson v Nelson (1995) 184 CLR 538 Roy v Sturgeon (1986) 11 NSWLR 454 St. John Shipping Corporation v Joseph Rank Limited [1957] 1 QB 215 Wallace v Stanford (1995) 37 NSWLR 1 Wallis v Matheson [2002] NSWCA 350 Wetherell v Jones (1832) 3 B&Ad 221; 110 ER 82 Yango Pastoral Company Pty Limited v First Chicago Australia Limited (1978) 139 CLR 410 Zelino Pty Limited v Budai [2001] NSWSC 501 DECISION : See paragraph 72.