Manuel v Lane

Case [2013] NSWCA 61


Court of Appeal

New South Wales

Case Title: Manuel v Lane
Medium Neutral Citation: [2013] NSWCA 61
Hearing Date(s): 12 March 2013
Decision Date: 28 March 2013
Before: Meagher JA at [1]
Ward JA at [2]
Emmett JA at [3]
Decision:

Appeal dismissed with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords: PROPERTY ― orders adjusting property interests of de facto partners under s 20 of the Property (Relationships) Act 1984 ― just and equitable adjustment ― whether primary judge erred in not treating amounts spent by respondent on legal costs as funds received from joint property ― where costs followed event and appellant ordered to pay respondent's costs ― where appellant adduced no evidence as to amount paid and liability incurred in relation to legal costs ― where appellant did not ask primary judge to take appellant's legal fees into account prior to argument about costs
Legislation Cited: Property (Relationships) Act 1984
Family Law Act 1975 (Cth)
Cases Cited: Edward v Harris [2012] NSWSC 1
Dwyer v Kaljo (1992) 27 NSWLR 728
Burgess v Moss [2010] NSWCA 139
Category: Principal judgment
Parties: Maxine Manuel - Appellant
William Neville Lane - Respondent
Representation
- Counsel: Counsel:
GA Sirtes SC - Appellant
J Priestley - Respondent
- Solicitors: Solicitors:
Byrnes & Cox - Appellant
Moylans Family Lawyers - Respondent
File Number(s): CA 2012/67589
Decision Under Appeal
- Before: Nicholas J
- Date of Decision:  01 February 2012
- Citation: [2012] NSWSC 8
- Court File Number(s): 2010/142846

JUDGMENT

  1. MEAGHER JA: This appeal should be dismissed with costs and the application for leave to amend the notice of appeal dismissed, in each case for the reasons given by Emmett JA.

  2. WARD JA: I agree with Emmett JA.

  3. EMMETT JA: This Appeal is concerned with orders for the adjustment of property under s 20 of the Property (Relationships) Act 1984 (the Act). In June 2010, the respondent, Mr William Lane, applied for orders under the Act against the appellant, Ms Maxine Manuel. In August 2010, Ms Manuel filed a cross-claim that sought different orders under the Act. On 1 February 2012, a Judge of the Equity Division of the Court made orders under the Act. Ms Manuel now appeals from those orders.

  4. Before dealing with the issues in the appeal, it is desirable to say something about the relevant provisions of the Act, as well as the relevant principles applicable to a proceeding under the Act. It will then be convenient to summarise briefly the circumstances of the parties.

The relevant provisions of the Act

  1. Section 14 of the Act provides that a party to a domestic relationship may…

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Manuel v Lane [2013] NSWCA 61
Case
[2013] NSWCA 61
Decision Date

CaseChat Overview and Summary

The appeal concerned an application for orders adjusting property interests of de facto partners under section 20 of the *Property (Relationships) Act 1984* (NSW). The primary judge had made orders adjusting the property interests of the parties, and the appellant sought to challenge those orders.

The central legal issue before the Court of Appeal was whether the primary judge erred in failing to treat amounts spent by the respondent on legal costs as funds received from joint property. This question arose in the context of an order that the appellant pay the respondent's costs, following the event.

The Court of Appeal reasoned that the appellant had adduced no evidence as to the amount paid or liability incurred in relation to legal costs. Furthermore, the appellant had not sought to have their own legal fees taken into account by the primary judge prior to the argument about costs. Consequently, the Court found no error in the primary judge's approach.

The appeal was dismissed with costs.

Orders

Orders of the court

Appeal dismissed with costs.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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