Sandra Leigh Strachan v Rodney Blanch

CITATION:	Sandra Leigh Strachan v Rodney Blanch [2006] NSWDC 52
HEARING DATE(S):	07/04/06; 10/04/06
JUDGMENT DATE:	8 September 2006
JUDGMENT OF:	Phegan DCJ
DECISION:	1.That the plaintiff transfer to the defendant the whole of her right title and interest to the property at 39 Rudgley Road, Caniaba NSW, being Lot 57 DP841591, provided that; (a)the defendant has refinanced the mortgage to the ANZ Bank registered over the title to that property into his sole name; (b)the defendant has paid to the plaintiff the sum of $95,000; 2.That the defendant transfer to the plaintiff his right title and interest to the Toyota Land Cruiser motor vehicle in the possession of the plaintiff; 3.Subject to these Orders that the parties be declared to have the sole right, title and interest to; (a)any monies, shares, debentures, superannuation and other property in their sole respective names; (b)any furniture, furnishings, chattels and other property in their sole respective possession; 4.If payment of the sum of $95,000 is not made to the plaintiff by the defendant in accordance with Order 1 within 60 days of judgment the property at 39 Rudgley Road, Caniaba be sold and the proceeds of sale be apportioned as follows; (i)All monies owing to the ANZ Bank of Australia in respect to the mortgage be discharged; (ii) All costs associated with the sale including agent’s commission be paid; (iii) All rates and arrears of rates be paid; (iv) Payment to the plaintiff in the sum of $95,000; 5. Defendant to pay plaintiff's costs on the ordinary basis
CATCHWORDS:	De facto relationship - division of property - increase in market value of asset
LEGISLATION CITED:	Property Relationships Act 1984
CASES CITED:	Jones v Grech [2001] NSWCA 208 Van Zonneveld v Seaton [2004] NSWSC 1223 Howlett v Neilson [2005] NSWCA 149 Burgess v King [2005] NSWCA 396 Chanter v Catts [2005] NSWCA 411 Kardos v Sarbutt [2006] NSWCA 11 Constable v Bell [2006] NSWSC 45
FILE NUMBER(S):	48/05
COUNSEL:	J Priestley - Plaintiff M Cleary - Defendant
SOLICITORS:	Trenches Christopher Hughes & Associates

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JUDGMENT

1 HIS HONOUR: This is a matter in which the plaintiff, Sandra Strachan, seeks relief under the Property Relationships Act 1984 for adjustment of property under s 20. The matter was heard in the District Court at Lismore on 7 and 10 April 2006. Following written submissions, this judgment is delivered in the District Court at Sydney.

the relationship

2 The plaintiff was born on 11 November 1964 and is now forty two years of age. The defendant was born in that same year, on 14 January, which makes him now forty three years of age. At the time the relationship started in October 1987 the plaintiff was employed with the Brisbane City Council in a job which she had commenced in October 1980. The defendant, although in some form of employment at the time, had been discharged from the Army on a pension in 1984, and his work history from that time, up until the time…