Nguyen v Scheiff [2003] NSWSC 253

New South Wales Supreme Court

CITATION : Nguyen v Scheiff [2003] NSWSC 253 HEARING DATE(S) : 17-18 December 2002 JUDGMENT DATE : 7 April 2003 JURISDICTION: Equity Division JUDGMENT OF : Acting Master Berecry DECISION : I make the following declarations and orders:; On the Amended Statement of Claim:; A) I declare that the plaintiff and the defendant hold the property known as 20 Valleyview Crescent, Greenwich, on trust for the plaintiff.; B) I order that the defendant transfer her interest in 20 Valleyview Crescent, Greenwich, to the plaintiff forthwith.; C) I declare that the contents of the property known as 20 Valleyview Crescent, Greenwich, excepting the defendant's personal possessions and contents owned by the defendant, be the sole property of the plaintiff.; D) I declare that the plaintiff and the defendant have the sole right, title and interest in:; i all chattels, goods, furnishings and property which stand in their sole name respectively at the date hereof;; ii any money, shares, debentures or superannuation entitlements which stand in their sole name respectively at the date hereof.; E) The defendant pay the plaintiff's costs of the proceedings, including the costs of the Cross-Claim.; On the Cross-Claim:; A) I order that the Cross-Claim be dismissed.

CATCHWORDS : De facto relationship - commencement of relationship - factors determining - nature of relationship - significant financial contributions by one party - both parties employed during relationship - no children of relationship - non-financial contributions - whether defendant worked for plaintiff's company - post separation contributions - exclusive occupation by one party - whether a contribution by other party - resulting trust - whether common intention established to rebut the presumption LEGISLATION CITED : Property (Relationships) Act 1984, ss4,20,38,53 Biviano v Natoli (1998) 43 NSWLR 695 Brown & Anor v Brown & Anor (1993) 31 NSWLR 582 Calverley v Green (1984) 155 CLR 242 CASES CITED : Cowcher v Cowcher [1972] 1 WLR 425 Gazzard v Winders (1998) 23 Fam LR 716 Muschinski v Dodds (1985) 160 CLR 583 Wallace v Stanford (1995) 37 NSWLR 1 Nguyen v Schieff [2002] NSWSC 151 Philip Kim Nguyen (Plaintiff) PARTIES : v Jitka Maree Scheiff (Defendant) FILE NUMBER(S) : SC 1296/02 COUNSEL : P - Ms A Rees D - Mr T Hodgson SOLICITORS : P - Keddies Solicitors D - Neil Lawson & Co. Solicitors