Rupchev v Callow [2007] NSWSC 1097

New South Wales Supreme Court

CITATION : Rupchev v Callow [2007] NSWSC 1097 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 11/9/07, 14/9/07

JUDGMENT DATE : 4 October 2007

JUDGMENT OF : Bell J at 1

DECISION : 1. Declare that the cross-defendant is liable to contribute an amount equivalent to a one half share of expenses incurred by the cross-defendant and the cross-claimant in the acquisition of the property situated at 21 Redgrave Road, Normanhurst (the property) paid by the cross-claimant, such contribution being in the sum of $5,450.00; 2. Declare that the cross-defendant is liable to contribute an amount equivalent to a one half share of repayments of the loan standing in the name of the cross-defendant and the cross-claimant with the St George Bank, made by the cross-claimant, such contribution being in the amount of $55,603.05; 3. Direct the parties to bring in short minutes with respect to the manner in which the balance of the proceeds of sale are to be distributed. In the absence of agreement the proceedings are to be re-listed by arrangement with my Associate on three days' notice; 4. The proceedings may be re-listed by arrangement with my Associate on three days' notice for submissions on costs and interest

CATCHWORDS : Co-owners - contribution mortgage and acquisition expenses - occupation fee

LEGISLATION CITED : Property (Relationships) Act 1984

Chieco v Evans (unreported) Equity Division, 5 June 1990 Dennis v McDonald [1982] Fam 63 CASES CITED : Forgeard v Shanahan (1994) 35 NSWLR 206 McFarland v Byron [2005] NSWSC 1038 Muschinski v Dodds (1984-1985) 160 CLR 583