Gray v White [2009] NSWSC 1441

New South Wales Supreme Court

CITATION : Gray v White [2009] NSWSC 1441

HEARING DATE(S) : 12 and 13 February 2009 6 and 7 August 2009

JUDGMENT DATE : 18 December 2009

JUDGMENT OF : McLaughlin AsJ

1. I order that the claim of the Plaintiff and the cross-claim of the Defendant each be dismissed. DECISION : 2. I make no order as to costs, to the intent that each party will bear her or his own costs of the proceedings. 3. The exhibits may be returned.

CATCHWORDS : Family Law - de facto relationship - adjustment of interests of parties in property - respective contributions of parties - the Court should not be diverted from the clear words of the statute, which looks to past contributions actually made by the parties.

LEGISLATION CITED : Property (Relationships) Act 1984

CATEGORY : Principal judgment

CASES CITED : Davey v Lee (1990) 13 Fam LR 688 Bilous v Mudalia [2006] NSWCA 38

PARTIES : Deborah Anne Gray (Plaintiff) Peter Mitchell White (Defendant)

FILE NUMBER(S) : SC 5092 of 2004

COUNSEL : Mr S. Bell (Plaintiff) Mr T. Hodgson (Defendant)

SOLICITORS : Llyod Truman Sadiq (Plaintiff) BDA Legal (Defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

ASSOCIATE JUSTICE McLAUGHLIN

Friday, 18 December 2009

5092 of 2004 DEBORAH ANNE GRAY –v- PETER MITCHELL WHITE JUDGMENT 1 HIS HONOUR: These are proceedings under the Property (Relationships) Act 1984. 2 The proceedings were instituted by statement of claim filed by Deborah Anne Gray on 16 September 2004. The Defendant named in the statement of claim is Peter Mitchell White. 3 By that pleading the Plaintiff claims substantively an order pursuant to section 20 of the Property (Relationships) Act for the adjustment of the interests of the parties in property. The Defendant on 18 October 2004 filed a defence and a cross-claim, by which latter pleading he also sought relief pursuant to section 20 of the Act. 4 It should here be recorded that the Plaintiff in the statement of claim also sought a declaration that the Defendant holds certain real property (or a portion thereof) on trust for the Plaintiff. That claim was expressly abandoned by the Plaintiff at the outset of the hearing. 5 It was asserted by the Plaintiff that she and the Defendant were in a de facto relationship from July 1994 until September 2002, during which period the parties resided together. However, it was disputed by the Defendant that a de facto relationship obtained throughout the entirety of that period, although the defendant did not dispute that throughout that period the parties resided together and that throughout most of that period the parties were in a close personal relationship (of the nature recognised by section 5(1) of the Property (Relationships) Act). The Defendant, however, agreed that throughout the balance of the foregoing period while the parties were living together they were in a de facto relationship. 6 The Plaintiff (who was born in 1952 and is presently aged 57) met the Defendant (who was born in 1950 and is presently aged 59) in 1992. Of the relationship between the parties (whatever be the nature of that relationship) twin daughters, Elena and Claudia, were born on 31 July 1994. 7 At the time when the parties met in 1992 the Plaintiff was residing in an unencumbered house property owned by her at 1 Clifton Reserve, Surry Hills, whilst the Defendant was living a house property owned by him at 4 The Crescent, Beecroft. 8 On the day of the birth of their twin daughters, the Defendant moved into residence in the Plaintiff's property at Surry Hills, and in the following month the Defendant sold his property at Beecroft. 9 The Defendant had previously been married and divorced, but the Plaintiff had never been married, at the time when their relationship commenced. 10 In her statement of claim the Plaintiff asserted that at the time of the commencement of the relationship she had the following assets, to which the following respective estimated values were attributed: House property situate at and known as 1 Clifton Reserve, Surry Hills $300,000 1986 Toyota Corolla motor vehicle $6,000 Furniture and household effects $15,000 Savings $40,000 Deposit with Worldlink Trust $10,000 Deposit with AFT Property Trust $10,000 Loan $8,000 Superannuation $14,000 Shares in Australian College of English $5,000