Sammons v Eykelenkamp

Case [2011] NSWDC 23


District Court


New South Wales

Medium Neutral Citation: Sammons v Eykelenkamp [2011] NSWDC 23
Hearing dates:23 March 2011
Decision date: 23 March 2011
Before: Gibson DCJ
Decision:

(1) The Court has jurisdiction to make orders for property adjustment under the Property (Relationships) Act 1984 (NSW) in these proceedings.

Catchwords: COURTS - jurisdiction - application for adjustment of property pursuant to s 20 Property (Relationships) Act 1984 (NSW) - jurisdiction of District Court to determine beneficial ownership under s 20 limited to $250,000 - whether court has jurisdiction
Legislation Cited: Civil Procedure Act 2005 (NSW), s 56
District Court Act 1973 (NSW), s 51
Property (Relationships) Act 1984 (NSW), s 20
Cases Cited: Bourdon v Outridge [2006] NSWSC 491
Evans v Marmont (1997) 42 NSWLR 70
Haley v Perkins [2010] NSWSC 1091
Howard v Trosse [2008] NSWDC 328
Smith v Forbes [2009] NSWDC 62
Weeden v Burke [2008] NSWDC 148
Texts Cited: Uniform Civil Procedure Practice
Category:Separate question
Parties: Plaintiff: Sharon Thelma Sammons
Defendant: Mark Henri Eykelenkamp
Representation: Plaintiff: Mr P Schroder
Defendant: Mr G Dilworth
Plaintiff: Matthews Dooley & Gibson
Defendant: Cameron Legal
File Number(s):101413 of 2010

Judgment

  1. These are my reasons for holding that the District Court has jurisdiction to hear these proceedings.

  1. The plaintiff and defendant are parties to an application for adjustment of property pursuant to s 20 Property (Relationships) Act 1984 (NSW) ("the Act"). The parties have lived in a domestic relationship for 16 years. There is one child to the relationship, who is currently aged 16 years.

  1. Before I commence to hear the application, the plaintiff seeks a ruling as to the jurisdiction of this court, by reason of the interaction of s 51 District Court Act 1973 (NSW) with s 20 of the Act. The size of the asset pool is an essential issue in the steps the court must take when determining claims under the Act. Evans v Marmont (1997) 42 NSWLR 70 identifies these steps as follows:

(a) Identification and valuation of the asset pool;

(b) Identification of the contributions of each of the parties;

(c) The making of an order which is just and equitable, having regard to those contributions.

  1. The court can only adjust interests with respect to the property of the parties to the relationship, or either of them, pursuant to ss 20(1)(a) and 20(1)(b) of the Act. Section 38(1) also empowers the court in this regard to make a wide range of orders, ranging from the sale or transfer of property to the distribution of the proceeds of sale in such proportion as the court may consider just and equitable. It is not always necessary to determine the parties' beneficial ownership of all property, as Gleeson CJ and McLelland CJ in Eq noted in Evans v Marmont at 84E.

  1. Counsel for the plaintiff points out that jurisdictional issues may arise where the asset pool for which orders must be made exceeds $250,000. Section 51 of the District Court Act 1973 (NSW) provides:

" 51 Consent…

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Sammons v Eykelenkamp [2011] NSWDC 23
Case
[2011] NSWDC 23
Decision Date

CaseChat Overview and Summary

In the matter of Sammons v Eykelenkamp, the dispute concerns an application for the adjustment of property pursuant to section 20 of the Property (Relationships) Act 1984 (NSW). The matter was heard in the Supreme Court of New South Wales. The applicants, Sammons, sought an adjustment of property following the dissolution of their relationship with the respondent, Eykelenkamp. The core issue was whether the District Court had the jurisdiction to determine beneficial ownership under section 20, given that the value of the property in dispute exceeded the $250,000 jurisdictional limit.

The primary legal issue that the court had to address was whether the District Court had the jurisdiction to make orders for property adjustment exceeding the statutory limit of $250,000, and if not, whether the Supreme Court could exercise such jurisdiction. The applicants argued that the Supreme Court had jurisdiction to make orders for property adjustment in these proceedings, despite the value of the property exceeding the District Court's jurisdictional limit. The respondent contended that the Supreme Court should not exercise its jurisdiction over matters that otherwise fell within the jurisdiction of the District Court.

The court determined that while the District Court has jurisdiction to hear property adjustment applications where the value of the property does not exceed $250,000, the Supreme Court retains jurisdiction over matters where the value exceeds this limit. The court emphasised that the statutory language of section 20 of the Property (Relationships) Act 1984 (NSW) sets out the jurisdictional limit of the District Court, but it does not restrict the Supreme Court's inherent jurisdiction to hear property adjustment matters where the value exceeds this limit. Consequently, the court found that it had jurisdiction to make orders for property adjustment in these proceedings.

Orders

Orders of the court

(1) The Court has jurisdiction to make orders for property adjustment under the Property (Relationships) Act 1984 (NSW) in these proceedings.

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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