NSW Caselaw
New South Wales Court of Appeal
CITATION: Kozjak v Oswin [2010] NSWCA 260
HEARING DATE(S): 7 October 2010
JUDGMENT DATE: 7 October 2010
JUDGMENT OF: Beazley JA at [1], [55], [57]; Hodgson JA at [2]; Handley AJA at [56]
EX TEMPORE JUDGMENT DATE: 7 October 2010
DECISION: 1. That the parties are directed to bring in agreed short minutes of order reflecting the court's judgment within seven days from today's date. 2. Should the parties not be able to agree to the orders to be made, then the appellant should bring in his form of short minutes within seven days and the respondent is to bring in her form of short minutes within seven days, together with any accompanying submissions, not exceeding three pages, and that these documents be lodged in the Court of Appeal submission box located on Level 12.
CATCHWORDS: FAMILY LAW – De facto relationships – Adjustment of property interests – Whether error by primary judge – Re-determination by Court of Appeal.
LEGISLATION CITED: Conveyancing Act 1919 s.66G Property Relationships Act 1984 s.20
CATEGORY: Principal judgment
PARTIES: Richard Charles KOZJAK (appellant) Kerin Jayne OSWIN (respondent)
FILE NUMBER(S): CA 2007/255779
COUNSEL: R THOMAS (appellant) E A COHEN (respondent)
SOLICITORS: Trevor Barker (appellant) Broun Abrahams Burreket (respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 3604/07
LOWER COURT JUDICIAL OFFICER: McLaughlin AsJ
LOWER COURT DATE OF DECISION: 22 May 2009, 5 August 2009
LOWER COURT MEDIUM NEUTRAL CITATION: Oswin v Kozjak [2009] NSWSC 433, Oswin v Kozjak [No 2] [2009] NSWSC 1232
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