Sharpless v McKibbin [2007] NSWSC 1498

New South Wales Supreme Court

CITATION : Sharpless v McKibbin [2007] NSWSC 1498

HEARING DATE(S) : 30, 31 January, 1, 19, 20, 21 February & 2 April 2007

JUDGMENT DATE : 14 December 2007

JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

DECISION : There was a de facto relationship for part of the period, followed by a close personal relationship. The approach in Mallet v Mallet and Jones v Grech is not applicable where there is no practical union of lives and property of parties. There is no real difference between Kardos v Sarbutt and Bilous v Mudaliar. The doctrine of "unclean hands" does not apply to proceedings for statutory relief, nor does giving false evidence in the proceedings attract it. The plaintiff is entitled to 4% of the pool of property of $1,512,240.

CATCHWORDS : FAMILY LAW – Domestic relationships other than marriage – same-sex relationships – where parties did not cohabit continuously throughout period – whether de facto relationship – whether close personal relationship – Property adjustment – where no practical union of lives and property of parties – whether approach in Mallet v Mallet and Jones v Grech applicable – where very substantial initial contributions by one party – treatment of initial contributions - consideration of "erosion principle" and reconciliation of Kardos v Sarbutt and Bilous v Mudaliar – where plaintiff's domestic contributions unremarkable and his stewardship of defendant's assets poor – where plaintiff obtained substantial countervailing benefits from relationship, financial and otherwise – whether plaintiff debarred from relief under Act by analogy with "unclean hands" by reason of having given false evidence.

(Cth) Family Law Act 1975 LEGISLATION CITED : (NSW) Industrial Relations Act 1996, s 106 (NSW) Property (Relationships) Act, ss 3(1), 5(1), 5(2), 20(1), (NSW) Property (Relationships) Legislation Amendment Act 1999