Prior v Brown [2013] NSWCA 4

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Prior v Brown [2013] NSWCA 4 Hearing dates: 19 November 2012 Decision date: 06 February 2013 Before: Basten JA at [1]; Hoeben JA at [26]; Ward JA at [27] Decision: Dismiss the appeal from the judgment of Hallen AsJ in the Equity Division. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PROPERTY - parties to domestic relationship - adjustment of interests - just and equitable - whether one party contributed to maintenance of property purchased by other party prior to relationship - whether indirect financial contribution through unremunerated work in business of owner of property - whether revenue from business used to pay mortgage Legislation Cited: Property (Relationships) Act 1984 (NSW), ss 20, 56 Cases Cited: Bilous v Mudaliar [2006] NSWCA 38; 65 NSWLR 615 Chanter v Catts [2005] NSWCA 411; 64 NSWLR 360 Jensen v Ray [2011] NSWCA 247 Category: Principal judgment Parties: Helen Terese Prior (Appellant) Leonard Graham Brown (Respondent) Representation: Counsel:

Ms J McIntosh (Appellant) Mr J Millar (Respondent) Solicitors: