Saric v Steward [2006] NSWCA 260

Reported Decision : (2007) DFC 95-401

New South Wales Court of Appeal

CITATION: Saric v Steward [2006] NSWCA 260 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 March 2006

JUDGMENT DATE: 20 September 2006

JUDGMENT OF: Handley JA at 1; Santow JA at 2; McColl JA at 3

DECISION: 1. Appeal allowed with costs. 2. Set aside the judgment for $10,000 entered by Master McLaughlin and substitute judgment for the appellant for $153,000 with effect from 5 April 2005. 3. Set aside the order that the appellant pay the respondent's costs of the proceedings in the Equity Division and in lieu thereof order the respondent to pay the appellant's costs of such proceedings. 4. Respondent to have a certificate under the Suitor's Fund Act 1951.

CATCHWORDS: FAMILY LAW AND CHILD WELFARE - DE FACTO RELATIONSHIPS - appeal - application under s 20 of the Property (Relationships) Act 1984 for an adjustive property order - whether Master erred in failing to identify and evaluate parties' direct and indirect contributions to acquisition of property - relationship of two years eight months in three periods over approximately 4 years - one child of relationship - appellant entered relationship with substantially greater asset backing than respondent - significance of that financial strength in assessing appellant's financial contribution to respondent's acquisition of property - evaluating contribution incapable of mathematical precision.

LEGISLATION CITED: Property (Relationships) Act 1984 Suitor's Fund Act 1951

Bilous v Mudaliar [2006] NSWCA 38 Davey v Lee (1990) 13 FamLR 688 CASES CITED: Green v Robinson (1995) 36 NSWLR 96 Howlett v Neilson [2005] NSWCA 149; (2005) 33 Fam LR 402 Kardos v Sarbutt [2006] NSWCA 11; (2006) 34 Fam LR 550 Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513