NSW Caselaw
New South Wales Supreme Court
CITATION : Fletcher v Furnance [2008] NSWSC 132
HEARING DATE(S) : 13 and 14 August 2007
JUDGMENT DATE : 26 February 2008
JUDGMENT OF : McLaughlin AsJ
CATCHWORDS : Family Law - de facto relationship - adjustment of interests of parties in property - respective contributions of parties - signficant contributions of Plaintiff as homemaker - the Court should not be diverted from the clear words of the statute, which looks to past contributions actually made by the parties - Plaintiff received from Centrelink moneys to which she was not entitled - Claim by Plaintiff that Defendant indemnify her for one half of her liability to Centrelink - ex turpi causa non oritur actio - the Court will not lend its aid in support of a claim grounded upon Plaintiff's illegal conduct - to do so would be highly offensive to public policy.
LEGISLATION CITED : Property (Relationships) Act 1984 Family Law Act 1975 (Cth)
CATEGORY : Principal judgment
Everet v Williams (the Highwayman's Case) (1725), set forth in (1893) LQR 197 Hollman v Johnson (1775) 1 Cowp 341 at 343; 98 ER 1120 Burrows v Rhodes [1899] 1 QB 816 at 826 CASES CITED : Davey v Lee (1990) 13 FamLR 688 Beattie v Reid [2002] NSWSC 1088, (2003) DFC 95-264 Chanter v Catts [2005] NSWCA 411, (2005) 64 NSWLR 360 Bilous v Mudaliar [2006] NSWCA 38
TEXTS CITED : R.E. Megarry, Miscellany-at-Law (London, 1955)
PARTIES : June Fletcher (Plaintiff) Jack Graham Furnance (Defendant)
FILE NUMBER(S) : SC 2441 of 2006
COUNSEL : Mr T. Reeve (Solicitor) (Plaintiff) Mr N. Jackman (Defendant)
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate