NSW Caselaw
Reported Decision : (2006) DFC 95-330
New South Wales Court of Appeal
CITATION: SELMORE v BULL [2005] NSWCA 365
HEARING DATE(S): 14 October 2005
JUDGMENT DATE: 28 October 2005
JUDGMENT OF: Mason P at 1; Tobias JA at 59; Brownie AJA at 60
DECISION: Appeal dismissed except as to costs order.
CATCHWORDS: PROPERTY - FAMILY LAW - de facto relationship - Property (Relationships) Act 1984 - statutory discretion to adjust property interests pursuant to s20 - where one partner continued to live rent-free in family property after separation - where subsequently asked to leave the property - where partner deferred instituting proceedings - time limit under s18 - discretion to extend time - forensic prejudice from delay - hardship - indemnity costs set aside - failure to accept settlement offer - offer made too late in proceedings. (ND)
LEGISLATION CITED: Property (Relationships) Act 1984
Bull v Selmore [2004] NSWSC 1059 Beavan v Fallshaw (1992) 15 Fam L R 686 Carlon and Carlon (1982) FLC 91-272 CASES CITED: Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Fox v Percy (2003) 214 CLR 118 Foster v Evans ((1997) DFC 95-193 Jones v Grech [2001] NSWCA 208, (2001) 27 Fam LR 711
PARTIES: Trevor John SELMORE v Christine Ann BULL
FILE NUMBER(S): CA 41148/04
Appellant: M Einfeld QC/ L Snelling COUNSEL: Respondent: P Maiden SC/ T Maltz
Appellant: Milne Berry Berger SOLICITORS: Respondent: Truman Hoyle
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 5143/02
LOWER COURT JUDICIAL OFFICER: Master Macready
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