LUMLEY v FREETH [2009] NSWSC 928

New South Wales Supreme Court

CITATION : LUMLEY v FREETH [2009] NSWSC 928

HEARING DATE(S) : 28-29/05/2009

JUDGMENT DATE : 10 September 2009

JURISDICTION : EQUITY

JUDGMENT OF : Bryson AJ

Order that by way of adjustment of interests in property pursuant to Property (Relationships) Act 1984 s 20: (1) The plaintiff Mrs Lumley is to be paid $350000. (2) The sum of $350,000 is to be raised and paid first by selling the co-owned assets Tintuppa, 234 IAG shares and 1000 Telstra shares and paying her the proceeds up to $350,000. DECISION : Second if $350,000 is not raised from selling Tintuppa and the shares, by the defendant Mr Freeth paying her sufficient money to make up $350,000. (3) Reserve further consideration of the sale of Tintuppa and of orders requiring sales of other assets if Order 1 is not complied with. (4) The defendant Mr Freeth is to indemnify Mrs Lumley and save her harmless from all or any liability which she has or may have from financing arrangements, borrowings, debts, mortgages or guarantees for the benefit wholly or in part of himself, of Geoff R Freeth Pty Ltd or of the veterinary practice known as Canobolas Family Pet Hospital or in any other way connected with him; and is to give adequate security for this indemnity. (5) Reserve further consideration of orders to give effect to and carry out Order 4. (6) Except as provided for by these orders each party is to retain all property presently in that party's possession. This extends to the plaintiff's Credit Union accounts and to her 766 IAG shares.

CATCHWORDS : PROPERTY (RELATIONSHIPS) ACT - de facto relationship - dfr 1993 to 2006 - four children - decision on adjustment after review of facts and events - HELD - award of $350,000 to F, sale of home and release of guarantees.