Towle v Baker [2009] NSWSC 216

New South Wales Supreme Court

CITATION : Towle v Baker [2009] NSWSC 216

HEARING DATE(S) : 19 March 2009

JUDGMENT DATE : 19 March 2009

JURISDICTION : Equity

JUDGMENT OF : White J

EX TEMPORE JUDGMENT DATE : 19 March 2009

DECISION : Refer to paras 14 and 18 of judgment.

CATCHWORDS : PROCEDURE - judgments and orders - construction of orders made by the Court of Appeal

LEGISLATION CITED : Property (Relationships) Act 1984 (NSW)

CASES CITED : Baker v Towle [2008] NSWCA 73

Esma Fay Towle PARTIES : v John Graeme Baker

FILE NUMBER(S) : SC 2250/05

COUNSEL : Plaintiff: G Rich Defendant: In person

SOLICITORS : Plaintiff: Flintoff Lawyers Defendant: Donovan Oates Hannaford

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION DUTY JUDGE LIST

WHITE J

Thursday, 19 March 2009

2250/05 Esma Fay Towle v John Graeme Baker JUDGMENT 1 HIS HONOUR: The question on this application is how orders made by the Court of Appeal on 24 April 2008, (Baker v Towle [2008] NSWCA 73) should be implemented. That depends upon how the orders should be construed. 2 The plaintiff brought proceedings pursuant to the Property (Relationships) Act 1984 (NSW) for orders adjusting the interests of the parties in property pursuant to s 20 of that Act. It is recorded in the Court of Appeal's reasons (at [69]) that at the cessation of their relationship, the only joint property held by the parties was a house and land at Yippen Creek, together with the contents of the house and plant and equipment on the land. Basten JA, with whom, on these matters, Beazley JA and Mathews AJA agreed, said: "[69] ... Yippen Creek was valued at $575,000, subject to a mortgage of $115,634, giving a net value of $459,366. The property was registered in the names of the parties, as to 75% in the name of Mr Baker and as to 25% in the name of Ms Towle. ...