Van Zonneveld v Seaton [2005] NSWSC 175

Reported Decision : (2005) DFC 95-311

New South Wales Supreme Court

CITATION : Van Zonneveld v Seaton [2005] NSWSC 175

HEARING DATE(S) : 7 March 2005

JUDGMENT DATE : 7 March 2005

JURISDICTION : Equity

JUDGMENT OF : Campbell J

DECISION : Section 94 interest not awarded. Defendant to pay plaintiff's costs capped at $100,000.

CATCHWORDS : FAMILY LAW AND CHILD WELFARE - DE FACTO RELATIONSHIPS - claim for adjustment of interests under Property (Relationships) Act 1984 - whether pre-judgment interest to be awarded under Section 94 Supreme Court Act 1970 on amount of property adjustment ordered - appropriate costs order where plaintiff's costs significantly greater than amount recovered - PROCEDURE - pre-judgment interest under Section 94 Supreme Court Act 1970 - whether appropriate on amount of adjustment of property interests awarded under Property (Relationships) Act 1984 - COSTS - appropriate costs order where plaintiff's costs significantly greater than amount recovered

De Facto Relationships Act 1984 Family Law Act 1975 Family Provisions Act 1982 LEGISLATION CITED : Property (Relationships) Act 1984 Supreme Court Act 1970 Supreme Court Rules 1970

Carroll v Cowburn [2003] NSWSC 248 Deves v Porter [2003] NSWSC 878 Foster v Lisle [2003] NSWSC 1243 CASES CITED : Harris v Schembri (7 November 1995, Bryson J, unreported) Moore v Moore [2004] NSWSC 587 Oshlack v Richmond River Council (1998) 193 CLR 72 Van Zonneveld v Seaton [2004] NSWSC 1223

John Cornelius Joseph Van Zonneveld - Plaintiff PARTIES : Birthe Kristine Adsbol Seaton - Defendant