Beltran v Hudspith [2010] NSWSC 264

New South Wales Supreme Court

CITATION : Beltran v Hudspith [2010] NSWSC 264

HEARING DATE(S) : 16 and 17 November 2009

JUDGMENT DATE : 9 April 2010

JUDGMENT OF : McLaughlin AsJ

1. I order that on or before 9 May 2010 the Defendant effect the transfer to the Plaintiff, at the expense of the Plaintiff, of one half of the Defendant's right, title and interest in the Vaucluse property, subject to the mortgage registered thereon, to the intent that the parties will then hold the Vaucluse property as tenants in common in unequal shares, the Plaintiff as to a 90 percent share therein and the Defendant as to a 10 percent share therein. DECISION : 2. I order that the Plaintiff pay one half of the costs of the Defendant of the proceedings. 3. I reserve to the parties liberty to apply in respect to the implementation of order 1 hereof. 4. The exhibits may be returned.

CATCHWORDS : FAMILY LAW - de facto relationship - adjustment of interests of parties in property - respective contributions of parties - assets and income of Plaintiff far exceeded those of Defendant - contributions of Defendant (although far less than those of Plaintiff) should not be entirely disregarded.

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 : Maria Del Mar Nunez Beltran (Plaintiff) James Robert Hudspith (Defendant)

FILE NUMBER(S) : SC 1514 of 2009

COUNSEL : Mr A. Street SC (Plaintiff) Defendant in person

SOLICITORS : Garland Hawthorn Brahe Solicitors (Plaintiff) Defendant in person