NSW Caselaw
New South Wales Supreme Court
CITATION : Barrett v Gaudry [2010] NSWSC 603
HEARING DATE(S) : 10 and 11 December 2009, 8 and 9 March 2010
JUDGMENT DATE : 8 June 2010
JUDGMENT OF : McLaughlin AsJ
1. I declare that the Plaintiff is entitled to a 40 percent interest in the equity of the parties in the Baulkham Hills property at the date of the termination of the relationship between the parties. 2. I order that, upon payment by the Defendant to the Plaintiff of the sum of $203,000, the Plaintiff transfer to the Defendant the right, title and interest of the Plaintiff in the Baulkam Hills property. DECISION : 3. I order that the Defendant pay the costs of the Plaintiff of the proceedings. 4. I reserve to the parties liberty to apply, within 14 days of the date hereof, for a variation of order 3. 5. I reserve to the parties liberty to apply in respect to the implementation of order 2. 6. The exhibits may be returned.
CATCHWORDS : FAMILY LAW - de facto relationship - adjustment of interests of parties in property - respective contributions of parties - house property held by Plaintiff as to 10 per cent and by Defendant as to 90 per cent - parties jointly liable for mortgage debt.
LEGISLATION CITED : Property (Relationships) Act 1984
CATEGORY : Principal judgment
CASES CITED : Davey v Lee (1990) 13 FamLR 688 Bilous v Mudalia [2006] NSWCA 38
PARTIES : Linda Michelle Barrett (Plaintiff) Linda Christina Gaudry (Defendant)
FILE NUMBER(S) : SC 2009/1650
COUNSEL : Mr J. D. Blackah (Plaintiff) Mr S. Sloane (Defendant)
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