Bull v Selmore [2004] NSWSC 1059

Reported Decision : (2004) DFC 95-302

New South Wales Supreme Court

CITATION : Bull v Selmore [2004] NSWSC 1059 HEARING DATE(S) : 9, 10 November 2004 JUDGMENT DATE : 7 December 2004 JURISDICTION: Equity Division JUDGMENT OF : Master Macready at 1 DECISION : Paragraph 81

CATCHWORDS : Family law - Property interests - Division of assets - Whether leave should be granted in application for adjustment of interests in property by de facto partners - Whether provision to be made for plaintiff's contribution to raising of child produced by relationship. - Held - Leave granted - Property at 27 Yirra Riad, Mount Colah be sold - Proceeds from sale should be split 40% to plaintiff and 60% to defendant. PARTIES : Christine Ann Bull v Trevor John Selmore FILE NUMBER(S) : SC 5143 of 2002 COUNSEL : Mr P.G. Maiden for plaintiff Miss L. Snelling for defendant SOLICITORS : Truman Hoyle for plaintiff Milne Berry & Berger for defendant

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

Master Macready

Friday 3 December 2004

5143 of 2002 Christine Ann Bull v Trevor John Selmore

JUDGMENT 1 Master: This is the hearing of a claim for adjustment of the parties' property interests under s 20 of the Property (Relationships) Act 1984 (NSW). The parties lived together in a de facto relationship from October 1978 until September 1986. There was one small break in the relationship for five months in 1979 but that is not of consequence. The parties had a child Jennifer who was born on 17 December 1978. 2 The claim as originally formulated was a claim under the Property (Relationships) Act 1984 (NSW) and a constructive trust claim. At the hearing the plaintiff did not proceed with the constructive claim and the hearing was conducted on that basis. Family history 3 The defendant was born on 25 November 1939. The plaintiff was born on 1 October 1948. They first met in 1975. 4 On 16 July 1971 the defendant and his wife Julie Selmore purchased as joint tenants a property at 61 Bayview Avenue, Five Dock for $12,000.00 with a mortgage from the Rural Bank of New South Wales 5 On 22 July 1975 Julie Selmore's interest in the property at Five Dock was transferred to the defendant pursuant to an order of the Supreme Court Family Law Division dated 4 July 1975. 6 From 1975 to December 1977 the plaintiff worked at Sundell Motors, Chatswood. In March 1978 the plaintiff became pregnant and in October of that year the plaintiff moved into defendant's property at Five Dock and it is said the de facto relationship then commenced. 7 On 29 November 1978 the defendant purchased a property at Croydon from David Stevenson for $22,000.00 with a mortgage from the Bank of New South Wales for $10,000.00. 8 The parties' child, Jennifer was born on 17 December 1978 and in March the following year the plaintiff and Jennifer moved to the plaintiff's parents' home. In August 1979 when the plaintiff and the defendant reconciled the plaintiff and Jennifer moved back to the Five Dock property. 9 In 1980 the parties inspected a property at Wombeyan Caves Road, Mittagong and after the defendant sold the Croydon and Five Dock properties the parties moved to the Mittagong property, which was purchased in the defendant's name.