Kardos v Sarbutt

The appeal concerned the adjustment of property interests between the parties, Tristan Jane Kardos and Paul Ventris Sarbutt, following the breakdown of their de facto relationship. The matter came before the Court of Appeal of New South Wales.

The primary legal issues before the court were whether the trial judge had erred in their approach to the property adjustment. Specifically, the court was asked to consider whether the trial judge had failed to adopt an "asset-by-asset" approach, whether the initial contributions of the parties were inadequately treated, whether the ongoing contributions during the relationship were assessed incorrectly, whether the allowance for "notional rent" was erroneous, and whether the trial judge erred in failing to allow interest on the award when it was based on valuations struck at the date of separation rather than the hearing.

The Court of Appeal allowed the appeal, finding that the trial judge had erred in their assessment. The court set aside the previous orders and substituted new orders. The defendant, Tristan Jane Kardos, was ordered to pay the plaintiff, Paul Ventris Sarbutt, the sum of $36,075 by way of adjustment and settlement of property interests. The defendant was also ordered to pay the plaintiff's costs of the proceedings. The respondent, Paul Ventris Sarbutt, was ordered to pay the costs of the appellant, Tristan Jane Kardos, of the appeal. The respondent was granted an indemnity certificate under the Suitors’ Fund Act 1951 (NSW). The parties were granted liberty to apply to set aside the costs orders and seek different costs orders within a specified timeframe.