Ducker v Smith [2010] NSWSC 462

New South Wales Supreme Court

CITATION : Ducker v Smith [2010] NSWSC 462

HEARING DATE(S) : 12 - 15 April 2010

JUDGMENT DATE : 14 May 2010

JURISDICTION : Equity

JUDGMENT OF : Tamberlin AJ

DECISION : Plaintiff's interests in jointly held home known as "March Rising" to be transferred to defendant upon payment of $200,000 by defendant to plaintiff, or alternatively for property to be sold, with the proceeds of sale being divided between the parties so that the defendant will receive 75 percent and the plaintiff the balance.

CATCHWORDS : DE FACTO RELATIONSHIPS – Application for division of property interests under s20 of the Property (Relationships) Act 1984 (NSW) – Adjustment of property interests – Evaluation of contributions of parties over 13 year period of cohabitation.

LEGISLATION CITED : Property (Relationships) Act 1984 s 20

CATEGORY : Principal judgment

Baker v Towle [2008] NSWCA 73 CASES CITED : Bilous v Mudaliar; Mudaliar v Bilous (2005) 65 NSWLR 615 Manns v Kennedy [2007] NSWCA 217

PARTIES : Alan Graham Ducker (P) Janet Adele Smith (D)

FILE NUMBER(S) : SC 2009/287699

COUNSEL : A Haughton (P) D G Reid (D)

SOLICITORS : Irene E Pickel (P) Bowral Legal (D)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

TAMBERLIN AJ

FRIDAY, 14 MAY 2010

2009/287699 ALAN GRAHAM DUCKER v JANET ADELE SMITH JUDGMENT

1 HIS HONOUR : This is an application by Mr Ducker, the plaintiff, for orders pursuant to s 20 of the Property (Relationships) Act 1984 ("the Act") that the property known as "March Rising" at Alpine in the State of New South Wales, be sold and the net proceeds be shared between Mr Ducker and Ms Smith, the defendant, in the proportion of eighty percent to twenty percent respectively, together with consequential and other orders as to the division and/or retention of property including artworks, antiques, bank accounts, insurance policies, and superannuation.