Deborah Eve Pedersen v Nicholas Delaveris & Anor [2010] NSWSC 281

New South Wales Supreme Court

CITATION : Deborah Eve Pedersen v Nicholas Delaveris & Anor [2010] NSWSC 281

HEARING DATE(S) : 3 and 4 June 2010

JUDGMENT DATE : 16 June 2010

JUDGMENT OF : Ball J

1. Declare that the first defendant holds the property at Connells Point on trust for the plaintiff and himself in equal shares. 2. Order that, in the event that the property is sold, an amount of $23,650 be deducted from the plaintiff's share of the proceeds of sale of the property and be paid to the first defendant. DECISION : 3. Order that the first defendant pay the plaintiff's costs of the proceedings. 4. Liberty to apply to vary the costs order referred to in paragraph 3 above provided the application is notified on or before [insert date]. 5. Liberty to apply for ancillary or consequential orders on 3 days' notice.

CATCHWORDS : PROPERTY RELATIONSHIPS - When de facto relationship commenced - contributions made by parties - Defendant declared bankrupt

LEGISLATION CITED : Property (Relationships) Act 1984

CATEGORY : Principal judgment

Bilous v Mudallar (2006) 65 NSWLR 615 CASES CITED : Howlett v Neilson [2005] NSWCA 149 Kardos v Sarbutt [2006] NSWCA 11

Deborah Eve Pedersen (Plaintiff) PARTIES : Nicholas Delaveris (First Defendant) Andrew Hugh Jenner Wily as Trustee in Bankruptcy for Nicholas Delaveris (Second Defendant) Trustee in Bankrupty (Second Defendant)

FILE NUMBER(S) : SC 2009/289557

COUNSEL : T J Morahan (Plaintiff) Ms M C Kennedy (Defendant)

Gadens (Plaintiff) SOLICITORS : In Person (First Defendant) Beazley Singleton (Second Defendant)