Dalli v Dragovic [2004] NSWSC 1033

Reported Decision : (2004) DFC 95-301

New South Wales Supreme Court

CITATION : Dalli v Dragovic [2004] NSWSC 1033 HEARING DATE(S) : 15, 16 and 17 March, 9, 10 and 11 August 2004 JUDGMENT DATE : 5 November 2004 JURISDICTION: Equity Division JUDGMENT OF : Master McLaughlin at 1 DECISION : (1). I order that the suit be dismissed. (2). I order that the cross-claim be dismissed. (3). I make no order as to costs, to the intent that each party will bear her or his own costs of the proceedings. (4). The exhibits may be returned.

CATCHWORDS : Family Law. - De facto relationship. - Disputed date of commencement and disputed date of termination of de facto relationship. - Adjustment of interests of parties in property. Respective contributions of parties. - Defendant during relationship acquired substantial assets by inheritance. - Effect of those assets upon claim by Plaintiff. - Caution should be exercised in applying to a claim by a de facto partner under section 20 of the Property (Relationships) Act 1984 (New South Wales) 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. - In exercising its discretion under section 20(1) of the Property (Relationships) Act the Court should not be diverted from the clear words of the statute. LEGISLATION CITED : Family Law Act 1975 (Commonwealth) Property (Relationships) Act 1984 (New South Wales). Black v Black (1991) 15 FamLR 109 Davey v Lee (1990) 13 FamLR 688 Ngyuen v Schieff (2002) 29 FamLR 177 Parker v Parker (1993) 16 FamLR 863 Powell v Supresencia (2003) 30 FamLR 463 Evans v Marmont (1997) 42 NSWLR 70 CASES CITED : Green v Robertson (1995) 36 NSWLR 96 Jones v Grech [2001] NSWCA 208 Mathieson v Wallis [2001] NSWSC 931 Roy v Sturgeon (1986) 11 NSWLR 454 Sullman v Sullman [2002] NSWSC 169 Wallace v Stanford (1995) 37 NSWLR 1 Wallis v Mathieson [2002] NSWCA 350 PARTIES : Constance Therese Dalli (Plaintiff) Joseph Rudolph Dragovic (Defendant) FILE NUMBER(S) : SC 2896 of 2001 COUNSEL : Mr. T. Hodgson (Plaintiff) Mr. P. Friedlander (Defendant) SOLICITORS : Edgington & Alfonso (Plaintiff) Wight & Strickland (Defendant)