Turnbull v McGregor [2003] NSWSC 899

Reported Decision : (2003) DFC 95-272

New South Wales Supreme Court

CITATION : Turnbull v McGregor [2003] NSWSC 899 HEARING DATE(S) : 7,8,9 May 2003 JUDGMENT DATE : 2 October 2003 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin DECISION : (1) I stand the matter over to a date to be fixed by arrangement with my Associate for the bringing in of short minutes and, if desired, for argument as to costs.

CATCHWORDS : Family Law - De facto relationship - Adjustment of interests of parties in property - Respective contributions of parties - Residence purchased in name of Defendant alone - 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 (Commonwealth) - The Property (Relationships) Act looks to past contributions, whereas the Family Law Act looks also to present and future needs - Constructive trust - Where relief is granted under section 20 of Property (Relationships) Act the basis for the imposition of a constructive trust is thereby removed, since the beneficial interest then claimed by the Defendant can no longer be treated as unconscionable or contrary to equitable principle. LEGISLATION CITED : Property (Relationships) Act 1984 Baumgartner v Baumgartner (1987) 164 CLR 137 Black v Black (1991) 15 FamLR 109 Davey v Lee (1990) 13 FamLR 688 Evans v Marmont (1997) 42 NSWLR 708 Green v Robertson (1995) 36 NSWLR 96 CASES CITED : Jones v Grech [2001] NSWCA 208 Matheson v Wallis [2001] NSWSC 931, McLaughlin M, 22 October 2001 Muschinski v Dodds (1985) 160 CLR 583 Ngyuen v Scheiff (2002) 29 FamLR 177 Roy v Sturgeon (1986) 11 NSWLR 454 Sullman v Sullman [2002] NSWSC 169 Wallace v Stanford (1995) 37 NSWLR 1 PARTIES : Lesley Jane Turnbull (Plaintiff) Grant Alexander McGregor (Defendant) FILE NUMBER(S) : SC 1148/02 COUNSEL : D.M. Flaherty (Plaintiff) M. Bridger (Defendant) SOLICITORS : Wallbanks (Plaintiff) Peter Howell & Company, Solicitors (Defendant)