Caplice v Aroogah Carey v Caplice [2005] NSWSC 1002

New South Wales Supreme Court

Caplice v Aroogah Carey v Caplice [2005] NSWSC 1002 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 04/10/2005

JUDGMENT DATE : 7 November 2005

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice Macready at 1

DECISION : Paragraph 44

CATCHWORDS : Family Law. Application under Property (Relationships) Act 1984 for adjustment of parties' property. No matter of principle.

Andrea Caplice v Aroogah Investments Pty Limited & Anor PARTIES : Richard Carey v Andrea Caplice

FILE NUMBER(S) : SC 2802/2004; 3143/2004

COUNSEL : Mr D.N. Flaherty for Carey & Aroogah Investments

Cameron Gillingham Boyd for Carey & Aroogah Investments SOLICITORS : Mr V.A. Bizannes of Bizannes & Associates for Caplice

LOWER COURT JURISDICTION :

- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE MACREADY

Monday 7 November 2005

2802/2004 ANDREA CAPLICE v AROOGAH INVESTMENTS PTY LTD 3143/2004 RICHARD CAREY v ANDREA CAPLICE JUDGMENT 1 HIS HONOUR: This is the hearing of two matters which have been heard together with the evidence in one matter being evidence in the other. In proceedings 3143/2004 the plaintiff, Richard Carey, brings proceedings against his former de facto partner, Andrea Caplice, for orders for adjustment of the parties' property interests under s20 of the Property (Relationships) Act 1984. 2 At one stage during their relationship the parties used a company Aroogah Investments Pty Limited ("Aroogah") for the purpose of carrying out share trading and other activities. In proceedings 2802/2004 Andrea Caplice seeks that the company be wound up on the just and equitable ground. History of the relationship