NSW Caselaw
New South Wales Supreme Court
CITATION : Loibner v Owens [2006] NSWSC 410
HEARING DATE(S) : 29 March 2006
JUDGMENT DATE : 11 May 2006
JURISDICTION : Equity Division
JUDGMENT OF : Young CJ in Eq
DECISION : Plaintiff not entitled to receive a property adjustment in her favour. One half of each party's costs to come out of fund and plaintiff to pay the other half of the defendant's costs and bear half of her own costs.
CATCHWORDS : FAMILY LAW [105]- De facto relationship- Application for an adjustment of interest in joint property- Relationship under two years- Evaluation of financial and non-financial contributions- Held insubstantial- Plaintiff entitled to recover half of her mortgage payments made during the period of co-habitation- Whether there should be an equitable accounting of notional rent from the plaintiff for over two and one half years sole occupation of the property- Plaintiff is adequately compensated.
LEGISLATION CITED : Property (Relationships) Act 1984, ss 5, 17, 20
Bilous v Mudaliar [2006] NSWCA 38 Currie v Schmidt [2004] NSWSC 47 Davey v Lee (1990) 13 Fam LR 688 Forgeard v Shanahan (1994) 35 NSWLR 206 CASES CITED : Kardos v Sarbutt [2006] NSWCA 11 Reilly v Gross (1986) DFC 95-035 Ryan v Dries (2002) 10 BPR 19,497 Street v Bell (1993) 114 FLR 167 Tillmanns Butcheries Pty Ltd v Australasian Meat Industry Employees' Union (1979) 42 FLR 331 Weston v Castle (Waddell CJ in Eq, 23.8.1989) BC8901813
PARTIES : Erika Louise Loibner (P) Mark Owens (D)
FILE NUMBER(S) : SC 4873/03
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