Pratley v Ireland [2013] NSWSC 151

Supreme Court New South Wales

Medium Neutral Citation: Pratley v Ireland [2013] NSWSC 151 Hearing dates: 11, 12, 13 February 2013 Decision date: 27 February 2013 Jurisdiction: Equity Division Before: Macready AsJ Decision: (1) By way of adjustment of the parties interests, declare that the Bangalow property in the name of the plaintiff be held as to a three-quarter share for the plaintiff and as to a one-quarter share for the first defendant as tenants in common. (2) A declaration that each party is the sole legal and beneficial owner of all other property, real and personal in his or her possession or control. (3) The plaintiff has the right to purchase the first defendant's one-quarter interest in the Bangalow property by a payment of $152,500, such payment to be made within three months of today's date. (4) In the event that the plaintiff does not purchase the first defendant's interest within three months, the real estate be sold forthwith by private treaty, and the proceeds be expended as follows in the following order and priority: a) All costs and expenses incurred on sale that may be outstanding, including but not limited to legal costs and disbursements, agents commission and expenses; b) The balance then remaining is to be paid as to one quarter to the first defendant and the balance to the plaintiff. (5) Dismiss the proceedings against the second and third defendants. (6) The plaintiff to pay three quarters of the first defendant's costs of the proceedings and all of the second and third defendants' costs of the proceedings on the ordinary basis. Catchwords: DE FACTO RELATIONSHIP - division of property - effect of relationship deed signed without independent legal advice - whether payment of mortgage gave defendant beneficial interest in plaintiff's property - consideration of financial and non-financial contributions Legislation Cited: Civil Procedure Act 2005 Property (Relationships) Act 1984 Uniform Civil Procedure Rules 2005 Cases Cited: Baker v Towle [2008] NSWCA 73 Bilous v Mudaliar [2006] NSWCA 38; (2006) 65 NSWLR 615 Calverley v Green [1984] HCA 81; (1984) 155 CLR 242 Chanter v Catts [2005] NSWCA 411; (2005) 64 NSWLR 360 Dunstan v Rickwood (No 2) [2007] NSWCA 266 Evans v Marmont (1997) 42 NSWLR 70 Green v Robinson (1995) 36 NSWLR 96 Kardos v Sarbutt (No 2) [2006] NSWCA 206 Livesey v Jenkins [1989] UKHL 3; [1985] AC 424 Manns v Kennedy [2007] NSWCA 217 Norbis v Norbis [1986] HCA 17; (1986) 161 CLR 513 Oriolo v Oriolo [1985] FLC 91-653 Oshlack v Richmond River Council [1998] HCA 11 Parker v McNair (1990) DFC 95-087 Separovich v Ferrao [2011] NSWCA 180 Stein v Stein [1986] FLC 91-779 Stewart v McDougall (NSWSC, Young J, 19 November 1987, unreported) Category: Principal judgment Parties: Juliet Pratley (Plaintiff) Benjamin Murray Ireland (Defendant/Cross claimant) Representation: Counsel: M Bridger (Plaintiff) M Anderson (Defendant) Solicitors: Jo-Anna Moy (Plaintiff) Belinda Eyers and Associates (Defendant) File Number(s): 2010/265786