Ross v Ross [2010] NSWCA 301

New South Wales Court of Appeal

CITATION: Ross v Ross [2010] NSWCA 301

HEARING DATE(S): 23 August 2010

JUDGMENT DATE: 12 November 2010

JUDGMENT OF: Campbell JA at 1; Macfarlan JA at 2; Sackville AJA at 61

(1) Appeal allowed; (2) Set aside the orders made by Ward J on 31 August 2009; (3) Order the respondent to pay the appellant's costs of the appeal; (4) Direct the parties to attempt to reach agreement as to the appropriate form of orders to give effect to this judgment, including an order as to the costs at first instance; DECISION: (5) If the parties are able to reach such agreement, direct that a signed form of consent order be lodged with the Court within 14 days of the date of this judgment; and (6) If the parties cannot reach such agreement, direct: (a) the appellant within 14 days of the date of this judgment to file and serve the form of orders proposed by her together with brief written submissions in support, including as to the appropriate order concerning costs at first instance; (b) within 14 days' thereafter, the respondent to file and serve his proposed form of orders and written submissions in support; (c) within a further 7 days, the appellant to file and serve any response; and (d) the resolution of any issue as to the form of orders to be made is to be determined by the Court upon the basis of the parties' written submissions without any further oral hearing.

CATCHWORDS: FAMILY LAW - de facto relationships - adjustment of property interests - s 41(c) Property (Relationships) Act 1984 - Court's discretion to vary or set aside orders made under s 20 - relevance of various factors to exercise of Court's discretion - REAL PROPERTY - s 66G Conveyancing Act 1919 - scope of discretion to refuse order appointing trustees for sale - whether Court has discretion under s 66G to alter the co-owners' property and other legal or equitable rights