Prior v Brown

[2013] NSWCA 4

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:

Prior v Brown [2013] NSWCA 4

Hearing dates:

19 November 2012

Decision date:

06 February 2013

Before:

Basten JA at [1];
Hoeben JA at [26];
Ward JA at [27]

Decision:

Dismiss the appeal from the judgment of Hallen AsJ in the Equity Division.

[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 - parties to domestic relationship - adjustment of interests - just and equitable - whether one party contributed to maintenance of property purchased by other party prior to relationship - whether indirect financial contribution through unremunerated work in business of owner of property - whether revenue from business used to pay mortgage

Legislation Cited:

Property (Relationships) Act 1984 (NSW), ss 20, 56

Cases Cited:

Bilous v Mudaliar [2006] NSWCA 38; 65 NSWLR 615
Chanter v Catts [2005] NSWCA 411; 64 NSWLR 360
Jensen v Ray [2011] NSWCA 247

Category:

Principal judgment

Parties:

Helen Terese Prior (Appellant)
Leonard Graham Brown (Respondent)

Representation:

Counsel:

Ms J McIntosh (Appellant)
Mr J Millar (Respondent)
Solicitors:

Peter Cornock & Associates (Appellant)
Swaab Attorney (Respondent)

File Number(s):

CA 2012/21444

 Decision under appeal 

Citation:

Prior v Brown [2011] NSWSC 1006

Date of Decision:

2011-10-14 00:00:00

Before:

Hallen AsJ

File Number(s):

SC 2007/4969

Judgment

1. BASTEN JA: Between March 2001 and January 2006 Ms Helen Prior (the appellant) and Mr Leonard Graham Brown (the respondent) were parties to a domestic relationship, for the purposes of the Property (Relationships) Act 1984 (NSW) ("the Relationships Act"). Ms Prior brought proceedings against Mr Brown seeking an adjustment of interests with respect to their properties, pursuant to s 20 of the Relationships Act.

1. On 1 December 2011 Hallen AsJ made orders which can conveniently be grouped in three categories. The first (order 1) was a declaration as to the existence of the domestic relationship, pursuant to s 56 of the Relationships Act. The third (order 8) required that the respondent pay the appellant the sum of $180,000. There were also consequential orders including an order which, in substance, required the parties to bear their own costs of the proceedings in the Equity Division (order 11). In addition, to achieve the removal of certain caveats, on 2 December 2011 the Court made further consequential orders. The substantive order made on this date was the extension of a caveat in respect of a property at 9 Radcliffe Place, Kellyville. The other orders noted an agreement between the appellant and her lawyers which involved the payment to them of an amount totalling $180,000, being the full amount she had recovered from the respondent. None of these…