Chanter v Catts

Case [2005] NSWCA 411


Reported Decision:

64 NSWLR 360
(2006) DFC 95-329
[2006] ALMD 4024
34 Fam LR 414
[2006] ALMD 4025

Court of Appeal


CITATION:

CHANTER v CATTS [2005] NSWCA 411

HEARING DATE(S):

22-09-2005

 
JUDGMENT DATE: 


25 November 2005

JUDGMENT OF:

Hodgson JA at 1; Bryson JA at 44; Hunt AJA at 122

DECISION:

Appeal allowed, orders varied: see [43]

CATCHWORDS:

DE FACTO RELATIONSHIPS - adjustment of interests under s.20 of Property (Relationships) Act - by majority, appeal allowed and further adjustments ordered - observations on operation of s.20 where superannuation entitlements are a financial resource - no necessary relationship between contribution to financial resource and incidence of adjustment on property - views of Powell and Cole JJA in Green v Robinson disapproved: see Hodgson JA at [20]-[21] Bryson JA at [82]-[90] David Hunt AJA at [120].

LEGISLATION CITED:

Property (Relationships) Act 1984 (NSW), ss 3(1), 20
De Facto Relationships 1984, ss 46, 47(1) & (2), 49 (1)

CASES CITED:

Green v. Robinson (1995) 36 NSWLR 96
Gazzard v. Winders (1998) 23 FamLR 716
Lyman v. Lyman (1989) 13 FamLR
Jones v. Grech [2001] NSWCA 208, 27 FamLR 711
Howlett v. Neilson [2005] NSWCA 149
Gronow v Gronow (1979) 144 CLR 513
Golosky v Golosky NSWCA (Unreported 5 October 1993)
Singer v Berghouse (1994) 181 CLR 201
Evans v Marmont (1997) 42 NSWLR 70
Wallace v Stanford (1995) 37 NSWLR 1
Dwyer v Kaljo (1992) 27 NSWLR 728
Theodoropoulos v Theodosiou (1995) 38 NSWLR 424
Mallet v Mallet (1984) 156 CLR 605
Black v Black (1991) 15 Fam LR 109
Foster v Evans (unreported, Supreme Court of New South Wales, 31 October 1997)
Roy v Sturgeon (1986) 11 NSWLR 454
Nguyen v Scheiff (2002) 29 Fam LR 177

PARTIES:

Maree Eve Chanter - Appellant
Peter Frederick Catts - Respondent

FILE NUMBER(S):

CA CA 40281/2005

COUNSEL:

Mr C.M. Simpson with Ms D Ward - Appellant
Mr M Broun QC - Respondent

SOLICITORS:

Adrian Twigg & Co - Appellant
Stuart Fowler & Partners - Respondent

LOWER COURT JURISDICTION:

Supreme Court - Equity Division

LOWER COURT FILE NUMBER(S):

ED 3690/2002

LOWER COURT JUDICIAL OFFICER:

Master Macready



                          CA 40281/2005

                          HODGSON JA
                          BRYSON JA
                          HUNT AJA

                          25 November 2005
MAREE EVE CHANTER v PETER FREDERICK CATTS
Judgment

1 HODGSON JA: On 2 December 2004, pursuant to reasons for judgment given on 19 November 2004, Master Macready made orders in proceedings in which the appellant had sought orders under the Property (Relationships) Act 1984. The substantial effect of those orders was that an agreement between the parties dated 18 April 1997 was set aside; that a jointly owned property at 3 Foss Street, Hunters Hill was to be sold, with four-fifths of the net proceeds going to the appellant and one-fifth to the respondent; that otherwise each party was to be the owner of property in their name or possession; and that the parties were entitled to retain superannuation held under their own names to the exclusion of the other party. The Master also made orders as…

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AGLC
Chanter v Catts [2005] NSWCA 411
Case
[2005] NSWCA 411
Decision Date

CaseChat Overview and Summary

The appeal in *Chanter v Catts* concerned an adjustment of interests under section 20 of the *Property (Relationships) Act 1984* (NSW). The dispute arose between former de facto partners regarding the division of their property. The case was heard by the Court of Appeal of New South Wales.

The primary legal issue before the court was how to approach the adjustment of property interests under section 20 of the Act, particularly where superannuation entitlements constituted a significant financial resource. The court was required to determine whether there was a necessary connection between a party's contribution to the accumulation of a superannuation entitlement and the incidence of adjustment of that resource in favour of the other party.

The majority of the court, comprising Hodgson JA and Bryson JA, allowed the appeal and ordered further adjustments. Their Honours disapproved of the views expressed by Powell and Cole JJA in *Green v Robinson*, which suggested a closer link between contribution and adjustment in relation to superannuation. The court held that there is no necessary relationship between the contribution made to a financial resource, such as superannuation, and the incidence of adjustment of that resource under section 20. David Hunt AJA agreed with the outcome.

Consequently, the appeal was allowed, and the original orders were varied to reflect the further adjustments ordered by the court.

Orders

Orders of the court

Appeal allowed, orders varied: see [43]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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