S v The Queen

[2005] QDC 86

DISTRICT COURT OF QUEENSLAND

CITATION:	Sheather v Ryan [2005] QDC 086
PARTIES:	EILEEN SHEATHER

Plaintiff

and

DERMOT TIMOTHY RYAN

Defendant

FILE NO:	1054/2002
PROCEEDING:	Trial
ORIGINATING  COURT:	District Court, Southport
DELIVERED ON:	26 April 2005
DELIVERED AT:	Southport
HEARING DATE:	3 & 4 February 2005 - written submissions received 11 February 2005
JUDGE:	Newton DCJ
ORDER:	Defendant to pay plaintiff within 60 days the sum of $101,450; in default, the property at 53 Whittings Road, Guanaba be sold and the plaintiff be paid the said sum from the sale proceeds, together with interest thereon at 9% per annum from the date due to the date paid.

CATCHWORDS: FAMILY LAW – DE FACTO RELATIONSHIPS – LEGISLATION – where plaintiff and defendant were in a de facto relationship for seven years – where plaintiff provided domestic assistance to the defendant – where plaintiff provided limited financial support to the defendant – where plaintiff provided limited contribution to furthering defendant’s business – adjustment of property interests – where defendant in stronger financial position than plaintiff at end of relationship

Property Law Act 1974

Cases cited:

E v S [2003] QSC 378

Mallett (1984) 146 CLR 605;

COUNSEL:	Ms C E Carew – Plaintiff Ms K Magee – Defendant
SOLICITORS:	K & L King & Associates - Plaintiff Gladstones Solicitors - Defendant

[1] This is an application pursuant to the provisions of s283 of the Property Law Act 1974 (“the Act”) for an order adjusting interests in the property of the plaintiff and defendant. The Court is empowered to make any order it considers just and equitable about the property of either or both of the de facto partners, adjusting the interests of the de facto partners in the property (s286(1) of the Act). In deciding what is just and equitable the Court is required to consider the matters mentioned in subdivision 3 of division 3 of the Act.

[2] Jurisdiction is conferred upon the Court in this case to make a property adjustment order because the de facto partners have lived together in a de facto relationship for at least two years (s287(a) of the Act).

[3] The Court is empowered in this case to make a property adjustment order as the application was made within two years after the day on which the de facto relationship ended (s288(1)(a) of the Act).

Background

[4]  The plaintiff and the defendant commenced a de facto relationship in April 1994 and separated on 13 June 2001. Thereafter they remained living under the same roof until August of that year.

[5]  When the parties commenced the relationship the defendant owned a property situated at 53 Whittings Road, Guanaba, which was valued at $250,000. The defendant’s equity in that property was $70,000 with $180,000 owed by way of mortgage on the property. The defendant also owned a motor vehicle worth approximately $2,000. He had few, if any, other significant assets. The plaintiff owned a motor vehicle valued at approximately $2,000 as well as some household goods.

[6]…