YVETTE KATHERINE STERN v STEPHEN VINCENT KELLY [2009] NSWSC 238

New South Wales Supreme Court

CITATION : YVETTE KATHERINE STERN v STEPHEN VINCENT KELLY [2009] NSWSC 238

HEARING DATE(S) : 30, 31 July, 1, 15 and 28 August 2008

JUDGMENT DATE : 3 April 2009

JUDGMENT OF : Smart AJ

DECISION : See para [161]

CATCHWORDS : Property Relationship Act - contributions - increase in value of property - apportionment of increments in value of assets, especially real property - plaintiff providing bulk of purchase price but defendant assuming liability to meet mortgage repayments and having business with income - pre and post separation contributions - child with special needs.

LEGISLATION CITED : Property Relationships Act 1984

CATEGORY : Principal judgment

Bilous v Mudaliar [2006] 65 NSWLR 615 CASES CITED : Howlett v Neilson [2005] NSWCA 149 Kardos v Sarbutt [2006] 34 Fam LR 550 Sharples v McKibben (2008) DFC 95-4

FILE NUMBER(S) : SC 4999/2004

COUNSEL : S Christie (P) G M Johnston (D)

SOLICITORS : Marks Griffiths & Bova (P) John R Quinn & Co (D) to 1 August 2008

- 52 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

Smart AJ

3 April 2009

4999/2004: YVETTE KATHERINE STERN v STEPHEN VINCENT KELLY

JUDGMENT

1 The parties lived together in a de facto relationship from April 2000 to July 2003. Mr Kelly was born on 22 July 1968 and Ms Stern on 16 April 1970. He moved into her unit at 2/2 Alexander Street, Coogee. Subsequently they moved to 297 Fitzgerald Avenue, Maroubra which they purchased in their joint names on 25 November 2000. They moved into the semi-detached cottage in January 2001. The parties have one child of their relationship namely Eve, born on 14 May 2001. Ms Stern has a child of a previous relationship, named Sebastian, born on 11 July 1996. He lived with the parties throughout the period of the relationship as a member of the household. Both Eve and Sebastian have resided with Ms Stern since separation.