Horton v Russell [2006] NSWSC 506

Reported Decision : (2006) DFC 95-334

New South Wales Supreme Court

CITATION : Horton v Russell [2006] NSWSC 506

HEARING DATE(S) : 15 and 16 May 2006

JUDGMENT DATE : 30 May 2006

JURISDICTION : Equity Division

JUDGMENT OF : Associate Justice McLaughlin at 1

DECISION : (1). I order that the net proceeds of sale of the property situate at and known as 21 Garden Street, Eastlakes (after discharge of the mortgage thereon and payment of the costs of sale and any associated costs and disbursements and any agent's commission) be held by the parties in the following proportions: the Plaintiff as to one-third; the Defendant as to two-thirds. (2). I make no order as to costs, to the intent that each party will bear her or his own costs of the proceedings. (3). The exhibits may be returned.

CATCHWORDS : Family Law. De facto relationship. Parties resided together during six separate periods. Whether one single (but at times interrupted) de facto relationship or six separate de facto relationships. Respective contributions of parties. House property acquired by parties as joint tenants (and subsequently held by them as tenants in common in equal shares). Whether respective interests of parties in proceeds of sale of that property should be adjusted.

LEGISLATION CITED : Property (Relationships) Act 1984

Baumgartner v Baumgartner (1987) 164 CLR 137 Bilous v Mudaliar [2006] NSWCA 38 (27 April 2006) CASES CITED : Davey v Lee (1990) 20 FamLR 688 Kardos v Sarbutt [2006] NSWCA 11 (14 February 2006) Muschinski v Dodds (1985) 160 CLR 583

PARTIES : Kenya Horton (Plaintiff) William Francis Russell (Defendant)

FILE NUMBER(S) : SC 5169 of 2003