Saric v Steward

In *Saric v Steward*, the Court of Appeal of New South Wales considered an appeal from a decision of a Master concerning an application for an adjustive property order under section 20 of the *Property (Relationships) Act 1984*. The dispute arose from a de facto relationship of approximately two years and eight months, occurring over three periods within a four-year span, and which produced one child. The appellant entered the relationship with significantly greater assets than the respondent.

The primary legal issues before the Court of Appeal were whether the Master erred in failing to adequately identify and evaluate the parties' direct and indirect contributions to the acquisition of property, and the significance of the appellant's initial financial strength in assessing their contribution to the respondent's acquisition of property. The Court also considered the principle that the evaluation of contributions is not capable of precise mathematical calculation.

The Court of Appeal found that the Master had erred in his assessment of contributions. It reasoned that the appellant's substantial initial asset backing was a crucial factor in assessing their financial contribution to the respondent's acquisition of property. The Court emphasised that the evaluation of contributions, both direct and indirect, requires a holistic approach and is not susceptible to exact mathematical determination.

Consequently, the Court of Appeal allowed the appeal, set aside the Master's judgment of $10,000, and substituted a judgment for the appellant in the sum of $153,000, effective from 5 April 2005. The orders regarding costs were also set aside and varied, with the respondent ordered to pay the appellant's costs of the proceedings in the Equity Division and to receive a certificate under the *Suitor's Fund Act 1951*.