Burgess v. King [2005] NSWCA 396

Reported Decision : (2006) DFC 95-328

New South Wales Court of Appeal

CITATION: Burgess v. King [2005] NSWCA 396

HEARING DATE(S): 2 November 2005

JUDGMENT DATE: 18 November 2005

JUDGMENT OF: Mason P at 1; Hodgson JA at 2; Campbell AJA at 37

DECISION: 1. Appeal allowed. 2. Orders below varied by substituting for the figure of $65,000.00 the figure of $115,000.00. 3. Appellant to pay the respondent's costs of the proceedings at first instance on a party and party basis. 4. Respondent to pay the appellant's costs of the appeal, and to have a certificate under the Suitors' Fund Act if otherwise eligible.

CATCHWORDS: FAMILY LAW - De facto relationships - Statutory power to make orders adjusting property interests of parties - Matters to be considered - Large capital gain in matrimonial home owned by respondent - Respondent able to keep home because of contributions by appellant of about one-quarter its value - Whether primary judge should have considered whether the appellant should have some benefit from this capital gain - Extent of appellate intervention.

LEGISLATION CITED: Property (Relationships) Act 1984 s.20

Raymond Peter Burgess - appellant PARTIES: Sandra Elizabeth King - respondent

FILE NUMBER(S): CA 40260/05

Mr. R. Maurice for appellant COUNSEL: Mr. J. Levy for respondent

Heazlewoods Bushby International, Epping for appellant SOLICITORS: Thurlow Fisher, Bankstown for respondent

LOWER COURT JURISDICTION: Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S): SC1635/04

LOWER COURT JUDICIAL OFFICER: Young CJ in Eq.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40260/05 SC 1635/04