Manuel v Lane

Case

[2013] NSWCA 61

28 March 2013


Details
AGLC Case Decision Date
Manuel v Lane [2013] NSWCA 61 [2013] NSWCA 61 28 March 2013

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.
Details

Areas of Law

  • Family Law

  • Property Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Statutory Construction

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Cases Cited

4

Statutory Material Cited

2

Jones v Grech [2001] NSWCA 208
Jones v Grech [2001] NSWCA 208
Ducker v Smith [2011] NSWCA 212