Del Gallo v Frederiksen

[2000] NSWCA 293

Reported Decision: [2000] 27 Fam LR 162
(2001) DFC 95-230

New South Wales

Court of Appeal

CITATION:	Del Gallo v Frederiksen [2000] NSWCA 293
FILE NUMBER(S):	CA 40626/99
HEARING DATE(S):	12 October 2000
JUDGMENT DATE:	24 October 2000
PARTIES :	Christine Del Gallo (Appellant) Neil Lewis Frederiksen (Respondent)
JUDGMENT OF:	Powell JA at 1; Heydon JA at 4; Rolfe AJA at 69

LOWER COURT JURISDICTION :	Supreme Court
LOWER COURT FILE NUMBER(S) :	ED 1017/98
LOWER COURT JUDICIAL OFFICER :	Master Macready

COUNSEL:	P Brereton SC/J Lloyd (Appellant) C M Simpson (Respondent)
SOLICITORS:	Beilby Poulden Costello (Appellant) Newnhams (Respondent)
CATCHWORDS:	Family Law - De facto relationships - statutory power to make orders adjusting property interests of parties - matters to be considered in making adjustments - pre-cohabitation contributions made by parties - improvement in the financial position of parties during the period of cohabitation - amount awarded by Master not manifestly inadequate - De Facto Relationships Act 1984, s 20. ND
LEGISLATION CITED:	De Facto Relationships Act 1984
CASES CITED:	Baumgartner v Baumgartner (1987) 164 CLR 137 Dwyer v Kaljo (1987) 11 Fam LR 785 Evans v Malmont (1997) 42 NSWLR 70 Mallet v Mallet (1984) 156 CLR 605 Muschinski v Dodds (1986) 160 CLR 583 Roy v Sturgeon (1989) 13 Fam LR 1 Suttor v Gundowda Pty Limited (1950) 81 CLR 418 Wallace v Stanford (1995) 37 NSWLR 1
DECISION:	Appeal dismissed with costs

THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40626/99
ED 1017/98

POWELL JA
HEYDON JA
ROLFE AJA

Tuesday, 24 October 2000

DEL GALLO v FREDERIKSEN
JUDGMENT

1    POWELL JA: I have read in draft the Judgment which has been prepared in this matter by Heydon JA.

2    Although I remain of the view which I expressed in Roy v. Sturgeon (1989) 13 Fam LR 1, I agree with his Honour that, even if those views be in error, and it were open to the Master to take into account pre-cohabitation contributions, the Appellant has failed to demonstrate that the amount awarded by the Master was manifestly inadequate.

3    I agree with the Orders which his Honour proposes.
4   

HEYDON JA:

Background
This is an appeal by the plaintiff from an order made by Master Macready on 23 June 1999 that the defendant pay to the plaintiff by way of adjustment of the parties’ property interests the sum of $35,000. The order was made pursuant to s 20 of the De Facto Relationships Act 1984 (“the Act”). It was common ground on the appeal that it was that statute, which was amended and renamed with effect from 28 June 1999, less than a month before the Master delivered judgment, which applied, not the amended statute. Section 20(1) provides:
“ Application for adjustment
(1) On an application by a de facto partner for an order under this Part to adjust interests with respect to the property of the de facto partners or either of them, a court may make such order adjusting…