Ducker v Smith

The New South Wales Court of Appeal considered an appeal concerning the adjustment of property interests arising from a de facto relationship. The dispute involved the evaluation of contributions made by the parties over a 13-year period of cohabitation, particularly in relation to real estate acquired partway through the relationship, and the entitlement of a departed co-owner to an occupation fee.

The court was required to determine whether the trial judge had erred in their evaluation of the parties' financial and non-financial contributions, and whether the methodology employed in considering an order under s 20 of the *Property (Relationships) Act 1984* (NSW) was appropriate. Furthermore, the court had to assess whether the adjustment order made by the trial judge was just and equitable, and whether the departed co-owner was entitled to an occupation fee.

The Court of Appeal affirmed the discretion of the trial judge in determining the methodology for considering a s 20 order, provided that the findings and reasons for the order were clearly articulated. The court found that the trial judge had adequately considered the contributions of both parties over the entire period of the relationship, including initial contributions and those made after the acquisition of real estate. The appeal was dismissed with costs.