Cano v Schiliro [2008] NSWSC 992

New South Wales Supreme Court

CITATION : Cano v Schiliro [2008] NSWSC 992

HEARING DATE(S) : 16/07/08, 17/07/08

JUDGMENT DATE : 25 September 2008

JURISDICTION : Equity

JUDGMENT OF : Macready AsJ at 1

CATCHWORDS : Family Law. Application for adjustment under s 20 of the Property (Relationships) Act 1984 and a claim for maintenance under s 27 of the Act. - Order for adjustment made. No order for maintenance. No matter of principle.

PARTIES : Cano v Schiliro

FILE NUMBER(S) : SC 6359/06

COUNSEL : Mr SM Stewart for plaintiff Ms PR Carr for the defendant

SOLICITORS : Walter Madden Jenkins for plaintiff Burridge & Legg for defendant

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

Associate Justice Macready

Thursday 25 September 2008

6359/06 Hilda Noemi Cano v Luigi Schiliro JUDGMENT 1 His Honour: This is the hearing of an application under s 20 of the Property (Relationships) Act 1984 for adjustment of the parties' property interests and a claim for maintenance of the plaintiff under s 27 of the Act. The parties lived together in a de facto relationship from December 1992 until October 2005. There were no children from the relationship and each party had children from a previous relationship. The plaintiff's two children lived with the parties during the relationship at various times. The plaintiff's children commenced living with the parties at the commencement of the relationship. Pablo was then 21 and Gabriel was 24. Pablo left the family home in 1995 and Gabriel left in 1996. Chronology 2 The defendant was born in Italy in January 1933. He came to Australia in 1955. The plaintiff was born in Argentina in October 1945. The plaintiff, having obtained permanent resident status, came to live in Australia in 1988. 3 The parties met in 1990 from which time they saw each other on an increasing basis. In 1991 the plaintiff obtained Australian citizenship. According to the plaintiff, in February 1997 at the defendant's request, the plaintiff ceased employment. She remained living with her sons. 4 The plaintiff says that on 18 December 1992 the parties commenced to reside together in a de facto relationship at the defendant's home. According to the defendant, it was in 1993 but he was somewhat hesitant in his recollection on this aspect. I accept the plaintiff's more precise evidence. They resided in a large home owned by the defendant which was situated on a five-acre block at Elanora Heights. The home had seven bedrooms, five bathrooms, a kitchen, two living rooms, two dining rooms and a study. 5 In 1994 the parties arranged the construction of a driveway on the Elanora property in which they lived. The plaintiff said that she helped with the construction and provided food and drinks for the concreter. At this time the defendant was diagnosed with high blood pressure. The plaintiff made sure that he obtained appropriate medical attention and that his diet was modified. The parties continued to discuss and implement other improvements to the Elanora property. 6 In 1995 the defendant and his daughter, Gae, set up a business importing shoes and clothing from Italy. The plaintiff says that she became involved in the daily workings of the business and other tasks, such as catering for business meetings. 7 In 1996 the plaintiff cared for the defendant's cousin, then aged 75 who came to live with them for three months. The cousin suffered from low blood pressure and depression and required help with personal hygiene and toileting. In July 1997 the parties moved to a separate accommodation on the Elanora property. The defendant then made the main residence available for tenants. The plaintiff cleaned the property between tenants. 8 In 1995 the defendant suffered from kidney stones. The plaintiff attended him in hospital and cared for him upon his return home. These problems reoccurred in 1998. 9 In June 2000 the plaintiff cared for the defendant's niece who came to live with them for four months. In December 2000 the plaintiff cared for the defendant's father when he visited them for two months. In 2001 the plaintiff looked after the defendant's nephew for four months. At various times the nephew and others friends would visit and stay and on all these occasions the plaintiff cooked, cleaned, washed and ironed for all family members. 10 It was in October 2001 that the defendant was diagnosed with diabetes. The plaintiff attended a seminar to help her to care for the defendant. This included cooking, measuring blood glucose levels and keeping accurate records. 11 On 11 October 2005 the defendant told the plaintiff to leave his home. She moved out to reside with her son, Pablo, with whom she now lives. Property of the parties at the commencement of the relationship 12 The plaintiff had some items of personal property and savings of about $800. 13 The defendant had real estate and other assets of at least $2,602,782. These included: