Jones v Stacpoole

Case

[2002] NSWSC 907

4 October 2002


Details
AGLC Case Decision Date
Jones v Stacpoole [2002] NSWSC 907 [2002] NSWSC 907 4 October 2002

CaseChat Overview and Summary

The dispute between Jones and Stacpoole arose from a claim by Jones for a contribution to the proceeds of a damages claim, which arose from a motor vehicle accident. Jones and Stacpoole had a de facto relationship for 16 years, during which they had four children. The court was required to determine whether the relationship qualified as a "long relationship" under the Property (Relationships) Act, as well as whether the proceeds of the damages claim could be considered as property of the relationship. Additionally, the court needed to decide whether the contributions made by either party during the relationship were to be considered when determining the distribution of property.

The court considered the duration of the relationship and the existence of children as factors in determining whether the relationship qualified as a "long relationship". The court found that the relationship did indeed qualify as such. Regarding the contribution of the proceeds of the damages claim, the court noted that Jones had made a specific claim for a contribution from Stacpoole. The court held that, in the absence of specific evidence, the inference could be drawn that the proceeds of the damages claim were considered property of the relationship. The court also held that post-separation contributions could be taken into account when determining the distribution of property.

Ultimately, the court found that the proceeds of the damages claim were property of the relationship, and a contribution should be made by Stacpoole. The exact amount of the contribution was to be determined by the court at a later date. The court ordered that Stacpoole pay a contribution to Jones from the proceeds of the damages claim, to be determined in a subsequent hearing.
Details

Areas of Law

  • Family Law

  • Property Law

Legal Concepts

  • Contribution of Proceeds of Damages Claim

  • Post Separation Contribution

  • Unjust Enrichment

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Norbis v Norbis [1986] HCA 17
Kardos v Sarbutt [2006] NSWCA 11