NSW Caselaw
Reported Decision : (2007) DFC 95-410
New South Wales Supreme Court
CITATION : Jacqueline Sands -v- David Leslie Henderson [2007] NSWSC 1200
HEARING DATE(S) : 12 September 2007
JUDGMENT DATE : 26 October 2007
JUDGMENT OF : Associate Justice McLaughlin
DECISION : 1. I order that the notice of motion filed by the Plaintiff on 8 March 2007 be dismissed. 2. I order that the Plaintiff pay the costs of the Defendant of the aforesaid notice of motion and of the notice of motion filed by the Defendant on 29 June 2007.
CATCHWORDS : Family Law. De facto relationship. Adjustment of interest of parties in property. Orders made by consent. Application by the Plaintiff to set aside consent orders. Whether there was a miscarriage of justice. Any such asserted miscarriage of justice must arise through some fault in the integrity of the judicial process. Asserted suppression of fact by the Defendant. Asserted mistake of fact in respect to valuation of property.
LEGISLATION CITED : Family Law Act 1975 (Cth) Property (Relationships) Act 1984
Huddersfield Banking Co Limited v Lister [1895] 2 Ch 273 Spencer v The Commonwealth (1907) 5 CLR 418 Harvey v Phillips (1956) 95 CLR 235 Molier v Van Wyk (1980) FLC 90-911 CASES CITED : Gerbert v Gerbert (1990) FLC 92-137 Clifton v Stuart (1991) FLC 92-194 Public Trustee v Gilbert (1991) FLC 92-211 Bradshaw v Walder (1998) DFC 95-195 Barker v Barker [2007] Fam CA 13
PARTIES : Jacqueline Sands (Plaintiff) David Leslie Henderson (Defendant)
FILE NUMBER(S) : SC 2392 of 2005
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