Price v Clinton

In the case of Price v Clinton, the plaintiff, Price, sought to have her de facto relationship with Clinton recognised for the purposes of adjusting the interests of the parties in property. The relationship spanned a total of seven years, with two years spent in New South Wales and the remaining time on Norfolk Island. The primary legal issues that arose involved determining the respective contributions of each de facto partner, the nature and interest rate of a loan made by Price to Clinton, and Price's entitlement to repayment of the loan with interest under both the general law and the De Facto Relationships Act.

The court considered the contributions made by each party during their relationship, including financial and non-financial contributions, and examined whether the loan made by Price to Clinton carried interest and, if so, at what rate. The court also evaluated the claim under the De Facto Relationships Act, considering whether Price was entitled to duplicate her entitlement under the general law. Ultimately, the court found that Price was entitled to repayment of the loan, including interest, under the general law. However, it was determined that Price was not entitled to duplicate her entitlement under the De Facto Relationships Act, as it would result in an unjust enrichment.

The court ordered that Price was entitled to repayment of the loan, including interest at a rate of 5% per annum, from the date of the loan until the date of judgment. The court further found that the parties' contributions during the relationship were not equal, and the unequal contributions should be taken into account in any future property adjustment proceedings. The court did not make any orders under the De Facto Relationships Act, as it found that Price's entitlement under the general law was sufficient.