Manuel v Lane [2013] NSWCA 61

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Manuel v Lane [2013] NSWCA 61 Hearing dates: 12 March 2013 Decision date: 28 March 2013 Before: Meagher JA at [1] Ward JA at [2] Emmett JA at [3] Decision: Appeal dismissed with costs. [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 ― orders adjusting property interests of de facto partners under s 20 of the Property (Relationships) Act 1984 ― just and equitable adjustment ― whether primary judge erred in not treating amounts spent by respondent on legal costs as funds received from joint property ― where costs followed event and appellant ordered to pay respondent's costs ― where appellant adduced no evidence as to amount paid and liability incurred in relation to legal costs ― where appellant did not ask primary judge to take appellant's legal fees into account prior to argument about costs Legislation Cited: Property (Relationships) Act 1984 Family Law Act 1975 (Cth) Cases Cited: Edward v Harris [2012] NSWSC 1 Dwyer v Kaljo (1992) 27 NSWLR 728 Burgess v Moss [2010] NSWCA 139 Category: Principal judgment Parties: Maxine Manuel - Appellant William Neville Lane - Respondent Representation: Counsel: GA Sirtes SC - Appellant J Priestley - Respondent Solicitors: Byrnes & Cox - Appellant Moylans Family Lawyers - Respondent File Number(s): CA 2012/67589 Decision under appeal Citation: [2012] NSWSC 8 Date of Decision: 2012-02-01 00:00:00 Before: Nicholas J File Number(s): 2010/142846