E v S

[2003] QSC 378

SUPREME COURT OF QUEENSLAND

CITATION:

E v S [2003] QSC 378

PARTIES:

E
(applicant)
v
S
(respondent)

FILE NO:

S7405 of 2002

DIVISION:

Trial Division

PROCEEDING:

Originating Application

DELIVERED ON:

3 October 2003

DELIVERED AT:

Brisbane

HEARING DATE:

8 September 2003

JUDGE:

Mullins J

ORDER:

The net proceeds of $121,737.19 from the sale of the property together with interest earned from the investment of the net proceeds of sale be divided as to the sum of $101,442.31 and interest accrued thereon to the applicant and as to $20,294.88 together with interest accrued thereon to the respondent

CATCHWORDS:

DE FACTO RELATIONSHIPS – property settlement – where length of the de facto relationship was only 15 months – where applicant made a substantial capital contribution to the purchase of the jointly owned property – where applicant otherwise made greater financial contribution – where respondent made greater homemaking and parenting contribution – just and equitable division of net proceeds of sale of the jointly owned property required repayment of capital contribution and the balance divided as to 60% to the applicant and 40% to the respondent.

Property Law Act 1974

Mallet v Mallet (1984) 156 CLR 605

COUNSEL:

AKH Cooper for the applicant
AC Smith for the respondent

SOLICITORS:

Simonidis Shoebridge Lawyers for the applicant
McCarthy Durie Ryan Neil for the respondent

1. MULLINS J: The applicant and the respondent commenced residing in a de facto relationship at a property situated at Thornlands (“the property”) from 19 January 2001 until in or about April 2002. The applicant seeks a property adjustment order pursuant to Part 19 of the Property Law Act 1974 (“PLA”).

1. It should be noted that any publication of an account of this proceeding is subject to the restrictions set out in ss 342 and 343 of the PLA.

Background

1. The applicant was born on 30 December 1958.  The respondent was born on 22 July 1955.  They commenced a relationship in late 1998 in which they continued to live in their separate households.  At that stage the applicant owned a residential house property at Victoria Point and the respondent owned a residential house property at Cleveland Redland Bay Road, Thornlands (“the respondent’s property”). 

1. The applicant has 2 daughters born on 4 March 1988 and 8 May 1990.  They were due to visit the applicant in July 2000 from the United Kingdom where they were living with their mother, the applicant’s former wife.  The applicant’s former wife became terminally ill, so instead the applicant went to the United Kingdom in early August 2000.  His former wife died and the applicant stayed in the United Kingdom to make arrangements for his daughters to return to Australia.  They returned to the Victoria Point property in mid September 2000. 

1. In late October 2000 the applicant and the respondent began to look for a new home in which the applicant and his 2 daughters and the respondent and her daughter who was about 6 years old could reside. 

Purchase of the property

1. The…