NSW Caselaw
New South Wales Court of Appeal
CITATION: Parsons v Storm [2009] NSWCA 288
HEARING DATE(S): 25 August 2009
JUDGMENT DATE: 16 September 2009
JUDGMENT OF: Giles JA at 1; Tobias JA at 53; Macfarlan JA at 54
DECISION: Appeal dismissed with costs.
CATCHWORDS: De facto relationship - claim under Property (Relationships) Act 1984 for adjustment of interests after relationship ceased - equality as at cessation - jointly held land - thereafter both parties acquired land in part using resources from their jointly held land - one party realised capital profit - other party's land increased in value - judge held no injustice or inequity calling for adjustment of interests - no error in exercise of discretion - cross-claim for half proceeds of sale of jointly held land therefore succeeded - whether interest on relevant amount properly included in judgment - again no error in exercise of discretion.
Davey v Lee (1990) 13 Fam LR 688; House v The King (1936) 55 CLR 499; CASES CITED: Kardos v Sarbutt [2006] NSWCA 11; (2006) Fam LR 550; Manns v Kennedy [2007] NSWCA 217; Ross v Elderfield [2006] NSWCA 192.
PARTIES: Christopher Leo Parsons - Appellant Ann Louise Storm - Respondent
FILE NUMBER(S): CA 40120/09
COUNSEL: P G Maiden SC & A D B Fox - Appellant M J Watts - Respondent
SOLICITORS: Blanchfield Nicholls Partners - Appellant Mark Ireland Lawyers, Bathurst - Respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): SC 1027/06
LOWER COURT JUDICIAL OFFICER: Palmer J
LOWER COURT DATE OF DECISION: 12 March 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Parsons v Storm [2009] NSWSC 166
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