Paino v Paino [2008] NSWCA 276

New South Wales Court of Appeal

CITATION: Paino v Paino [2008] NSWCA 276

HEARING DATE(S): 14, 15 April 2008

JUDGMENT DATE: 29 October 2008

JUDGMENT OF: Hodgson JA at 1; McColl JA at 1; Young CJ in Eq at 112

(1) Appeal allowed. DECISION: (2) Order respondent to pay appellant's costs of the appeal to date and to have a certificate under the Suitor's Fund Act 1951 if otherwise entitled. (3) Refer to Barrett J or another judge or associate judge of the Equity Division, determination of the amounts (A), (B) and (C) on the basis of the existing experts' reports and cross-examination of those experts. (4) Stand over to a date to be fixed before the Court of Appeal the question of final orders and costs at first instance.

CATCHWORDS: EVIDENCE – admissibility – expert evidence – valuation of property – joint expert report – whether valuation wholly or substantially based on expert's opinion – Evidence Act 1995 s 79 - EVIDENCE – proof of loss – where substantial loss proved by plaintiff but evidence does not enable precise quantification – duty of court to do its best to quantify such evidence - FAMILY LAW – de facto relationships – adjustment of property interests – contributions – whether primary judge erred in evaluative assessment of parties' non-financial contributions – whether primary judge's evaluative assessment outside a reasonable range – Property (Relationships) Act 1984 s 20(1)(a), s 20(1)(b)

Evidence Act 1995 Property (Relationships) Act 1984 LEGISLATION CITED: Suitor's Fund Act 1951 Supreme Court Act 1970 Supreme Court Rules 1970 Uniform Civill Procedures Rules 2005