NSW Caselaw
New South Wales Court of Appeal
CITATION: Trosse v Howard [2009] NSWCA 346
HEARING DATE(S): 28 September 2009
JUDGMENT DATE: 22 October 2009
JUDGMENT OF: Hodgson JA at 1; Basten JA at 35; Macfarlan JA at 50
(1) Appeal allowed. (2) Set aside orders made below. (3) In lieu thereof: DECISION: (a) order that within twenty-eight days Mr Trosse discharge the liabilities of the parties to St George Bank and Visa, and that he indemnify and keep indemnified Ms Howard in relation to these liabilities; (b) dismiss the cross-claim; (c) order that Mr Trosse pay one-half of Ms Howard's costs of the proceedings; (4) Ms Howard to pay Mr Trosse's costs of the appeal, and to have a certificate under the Suitors' Fund Act 1951 if otherwise eligible.
CATCHWORDS: FAMILY LAW AND CHILD WELFARE – De Facto Relations – Adjustment of property interests – Evaluation of contributorions – Need for articulation of how the contributions make an adjustment just and equitable.
LEGISLATION CITED: Family Provision Act 1982 (NSW) Property (Relationships) Act 1984 s 20
CATEGORY: Principal judgment
Antoinette Howard v Gregory Trosse [2008] NSWDC 328 Baker v Towle [2008] NSWCA 73; 39 Fam LR 323 Chanter v Catts [2005] NSWCA 411; 64 NSWLR 360 CASES CITED: Golosky v Golosky [1993] NSWCA 111 House v The King [1936] HCA 40; 55 CLR 499 Howlett v Neilson [2005] NSWCA 149; 33 Fam LR 402 Singer v Berghouse [1994] HCA 40; 181 CLR 201 Singer v Berghouse [1992] NSWCA 230
PARTIES: Gregory TROSSE (appellant) Antoinette HOWARD (respondent)
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