Kenrick Allan Beuth v Mina Blums

[2005] ACTSC 44

Kenrick Allan Beuth v Mina Blums [2005] ACTSC 44 (16 June 2005)

FAMILY LAW – domestic relationship – application for an order adjusting interests in property – claim for unpaid wages – contribution to plaintiff's business

Domestic Relationships Act 1994 (ACT) s 15

Byrne v Opuls (2002) 29 Fam LR 290 referred to
Commonwealth v Verwayen (1990) 170 CLR 394 cited
Crellin v Roberton [2004] ACTSC 92; (2004) 32 Fam LR 406 cited
Ferris v Winslade (1998) 22 Fam LR 725 referred to
Pigott v Walker [2002] ACTSC 40 cited

No SC 9 of 2001

Judge:          Moore J
Supreme Court of the ACT
Date:           16 June 2005

IN THE SUPREME COURT OF THE     )          No. SC 9 of 2001
  )
AUSTRALIAN CAPITAL TERRITORY )

BETWEEN: KENRICK ALLAN BEUTH

Plaintiff

AND: MINA BLUMS

Defendant

ORDER

Judge:  Moore J
Date:  16 June 2005
Place:  Canberra

THE COURT ORDERS THAT:

1. The Plaintiff pay the Defendant the sum of $45 000 within 30 days.

1. The Plaintiff pay the Defendant's costs of, and incidental to, the hearing of 14 February 2005.

The nature of the proceedings and the issues

1. This judgment concerns and application brought under the Domestic Relationships Act 1994 (ACT) ("the Act") for property orders arising out of a domestic relationship. The matter has had an unusual history. It is necessary to refer that history to identify the issues that arise for determination.

1. The proceedings were commenced on 9 January 2001 by an application filed by solicitors then acting for Mr Kenrick Allan Beuth.  The defendant was Ms Mina Blums.  In the originating application, the nature of the action commenced by Mr Beuth was said to be "Domestic Relationships Act" and the relief claimed was identified as "Property Orders arising out of a domestic relationship".  The interlocutory relief claimed was said to be "Relief is claimed as per notice of motion filed herewith".  Also filed on 9 January 2001 was a notice of motion seeking orders that Ms Blums vacate a property at 3 Mudge Place, McKellar ("the McKellar property"), be restrained from re-entering the property and be restrained from removing goods from the property other than goods she owned.  The last document filed on 9 January 2001 was a supporting affidavit of Mr Beuth.

1. On 18 January 2001 a memorandum of appearance was filed by solicitors then acting for Ms Blums.  On 28 February 2001, an affidavit of Ms Blums was filed.  She traversed a number of the factual allegations made by Mr Beuth in his affidavit and referred to her "cross-claim".  The affidavit concluded with a paragraph requesting the Court to make orders sought by her.  However, no application or pleading was filed by Ms Blums at this stage.

1. Miles CJ made consent orders in these proceedings on 2 March 2001.  Those orders plainly did not dispose of the application because the notice of motion filed 9 January 2001 was adjourned to a motions list on 25 May 2001.  Nonetheless a range of what appear to be interim orders were…