Greenwood v Merkel [2004] NSWSC 43

Reported Decision : (2004) DFC 95-290

New South Wales Supreme Court

CITATION : Greenwood v Merkel [2004] NSWSC 43 HEARING DATE(S) : 28/10/03 - 29/10/03 JUDGMENT DATE : 11 February 2004

JUDGMENT OF : Burchett AJ at 1 DECISION : Orders to be made to set aside debts the subject of the proceedings and release the Defendant Merkel from them and to dismiss the Plaintiff Greenwood's action.

CATCHWORDS : De Facto relationship claim - considerations relevant to leave to make a claim outside the statutory period of two years - claim raised in response to an action for debts incurred by one partner to the other in the course of the relationship - debtor's contribution to assets of partner - effect of De Facto Relationships Act 1984 (now Property (Relationships) Act 1984) - nature of a de facto relationship considered in the context of a relationship where the parties slept alternatively at each other's residences without establishing any one long term home - parties held to have "lived together on a bona fide domestic basis in the way that suited them" - appropriate relief. LEGISLATION CITED : De Facto Relationships Act 1984 Property (Relationships) Act 1984 Evans v Marmont (1997) 42 NSWLR 70 CASES CITED : Jones v Grech [2001] NSWCA 208 Powell v Supresencia [2003] NSWCA 195 PARTIES : Edward Alan Greenwood (Plaintiff/Cross-Respondent) Fiona Catherine Merkel (Defendant/Cross-Claimant) FILE NUMBER(S) : SC 2830/02; 1967/02 COUNSEL : M.M. Macrossan (Plaintiff/Cross-Respondent) R. Winfield (Defendant/Cross-Claimant) SOLICITORS : Benetatos White Solicitors (Plaintiff/Cross-Respondent) Whittens (Defendant/Cross-Claimant)