Preiss v Stewart [2005] NSWSC 389

New South Wales Supreme Court

CITATION : Preiss v Stewart [2005] NSWSC 389

HEARING DATE(S) : 21 and 22 April 2005

JUDGMENT DATE : 13 May 2005

JURISDICTION : Equity Division

JUDGMENT OF : Master Macready at 1

DECISION : See para 58

CATCHWORDS : Family law - application under Property (Relationships) Act 1984 for adjustment of parties property interests - orders for adjustment.

LEGISLATION CITED : Property (Relationships) Act 1984

CASES CITED : Norbis v Norbis (1985-1986) 161 CLR 513

PARTIES : Kenneth Preiss v Susan Stewart

FILE NUMBER(S) : SC 2907/2003

Mr M. Evans for plaintiff COUNSEL : Ms A. Rees for defendant

Swaab Attorneys for plaintiff SOLICITORS : dimocks family lawyers for defendant

LOWER COURT JURISDICTION :

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

Master Macready

Friday 13 May 2005

2907/03 Kenneth Preiss v Susan Stewart JUDGMENT 1 Master : This is an application for adjustment of the parties property interests under the Property (Relationships) Act 1984. The parties lived together in an admitted de facto relationship between January 1993 and September 2002. The plaintiff suggests that the relationship commenced in December 1992 but given that he was then living in Melbourne and the defendant in Sydney it is probably likely that it was in January 1993. However nothing turns on this fact. There were no children of the relationship and although the plaintiff had children from his prior marriage they only spent a short time living with the parties. History of the relationship 2 The defendant was born on 12 December 1945 and is now aged 49 years. The Plaintiff was born on 6 October 1951 and is now aged 45 years.