Ross v Elderfield [2006] NSWCA 192

Reported Decision : (2006) DFC 95-338

New South Wales Court of Appeal

CITATION: Ross v Elderfield [2006] NSWCA 192

HEARING DATE(S): 6 March 2006

JUDGMENT DATE: 4 August 2006

JUDGMENT OF: Handley JA at 1; McColl JA at 54; Hislop J at 55

DECISION: (1) Appeal allowed in part.; (2) Judgment for the plaintiff in the District Court for $133,000 set aside.; (3) In lieu thereof substitute judgment for the plaintiff for $112,403 with effect from 24 March 2005.; (4) Judgment in the District Court otherwise confirmed.; (5) Appellant to pay half the respondent's costs of the appeal.; (6) Liberty to either party to seek a different order in respect of the costs of the trial or a different order in respect of the costs of the appeal based on the offer of compromise made on 26 November 2004 or any offer of compromise made after the appeal was instituted.; (7) The party seeking such a variation is to serve his or her written submissions within 10 days of the making of these orders and the other party is to file his or her written submissions in reply within a further 10 days. In each case the submissions should be left in the submissions box on level 12.

CATCHWORDS: DE FACTO RELATIONSHIPS – financial contributions – relevance of inheritance – relevance of capital gain – appropriate date for valuation – weight to be given to initial and post acquisition contributions - D

LEGISLATION CITED: Property (Relationships) Act 1984

Bilous v Mudaliar [2006] NSWCA 38 Davey v Lee (1990) 13 Fam LR 688 Evans v Marmont (1997) 42 NSWLR 70 CASES CITED: Kardos v Sarbutt [2006] NSWCA 11 Powell v Supresencia (2003) 30 Fam LR 463 The Macgregor [1943] AC 197 Wallace v Stanford (1995) 37 NSWLR 1