NSW Caselaw
New South Wales Court of Appeal
CITATION: Dunstan v Rickwood [2007] NSWCA 147 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 15 June 2007
JUDGMENT DATE: 15 June 2007
JUDGMENT OF: Beazley JA at 1; Ipp JA at 1; McColl JA at 1
EX TEMPORE JUDGMENT DATE: 15 June 2007
DECISION: 1. The appeal is dismissed with costs; 2. The trial judge's order in para 2(b) is to be adjusted under the slip rule, so that in lieu of the amount of $70,750, there should inserted the amount of $29,297; 3. Written submissions on the question of costs at first instance are to be filed by the respondent within seven days of today's date and by the appellant seven days thereafter; 4. The parties are to file Short Minutes of Order in the Registry within seven days to take account of the adjustment made in Order 2.
LEGISLATION CITED: Property (Relationships) Act 1984 (NSW), s 20 Supreme Court Act 1970 (NSW), s 45(4)
CASES CITED: Kardos v Sarbutt (2006) 34 FamLR 550; [2006] NSWCA 11
PARTIES: Ross Dunstan (Appellant) Julie Anne Rickwood (Respondent)
FILE NUMBER(S): CA 40031/07
COUNSEL: G Brszstowski SC (Appellant) R Maurice (Respondent)
SOLICITORS: Crowley Clifford Simpson (Canberra) (Appellant) Lessli Strong & Associates (Canberra) (Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 942/2005
LOWER COURT JUDICIAL OFFICER: Goldring DCJ
LOWER COURT DATE OF DECISION: 14 December 2006
- 5 - IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40031/07
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