Bourke v Logue [2008] NSWSC 15

New South Wales Supreme Court

CITATION : Bourke v Logue [2008] NSWSC 15

HEARING DATE(S) : 16, 17 and 18 July 2007

JUDGMENT DATE : 29 January 2008

JUDGMENT OF : McLaughlin AsJ

1. I order that the claim of the Plaintiff be dismissed. 2. I order that the Plaintiff on or before 29 March 2008 pay to the Defendant the sum of $157,034.34. 3. I order that on or before 12 February 2008 the Plaintiff transfer to the Defendant her interest in the BMW motor vehicle which is in the Defendant's possession. DECISION : 4. I order that on or before 12 February 2008 the Plaintiff deliver up to the Defendant the diamond ring given by the Defendant to the Plaintiff in December 1995, or pay to the Defendant its value of $18,250. 5. Subject to the orders herein, I declare each party otherwise to be solely entitled, to the exclusion of the other party, to all property and chattels of whatsoever nature or kind in the possession of such party at the date of these orders. 6. I order that the Plaintiff pay the costs of the Defendant of the Plaintiff's claim and of the Defendant's cross-claim. 7. I reserve liberty to apply. 8. The exhibits may be returned.

CATCHWORDS : Family Law - de facto relationship - adjustment of interests of parties in property - respective contributions of parties - assets held by Plaintiff were acquired entirely from direct and indirect financial contributions of Defendant - significant contributions of Plaintiff as homemaker and mother - the Court should not be diverted from the clear wording of the statute, which looks to past contributions actually made by the parties - the Court cannot proceed upon some conjectural basis grounded upon the assumption that contributions which were not made by a party might, or should, have been made.