Selmore v Bull

[2005] NSWCA 365

Reported Decision: (2006) DFC 95-330

Court of Appeal

CITATION:	SELMORE v BULL [2005] NSWCA 365
HEARING DATE(S):	14 October 2005
JUDGMENT DATE:	28 October 2005
JUDGMENT OF:	Mason P at 1; Tobias JA at 59; Brownie AJA at 60
DECISION:	Appeal dismissed except as to costs order.

CATCHWORDS:	PROPERTY - FAMILY LAW - de facto relationship - Property (Relationships) Act 1984 - statutory discretion to adjust property interests pursuant to s20 - where one partner continued to live rent-free in family property after separation - where subsequently asked to leave the property - where partner deferred instituting proceedings - time limit under s18 - discretion to extend time - forensic prejudice from delay - hardship - indemnity costs set aside - failure to accept settlement offer - offer made too late in proceedings. (ND)
LEGISLATION CITED:	Property (Relationships) Act 1984
CASES CITED:	Bull v Selmore [2004] NSWSC 1059 Beavan v Fallshaw (1992) 15 Fam L R 686 Carlon and Carlon (1982) FLC 91-272 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541 Fox v Percy (2003) 214 CLR 118 Foster v Evans ((1997) DFC 95-193 Jones v Grech [2001] NSWCA 208, (2001) 27 Fam LR 711
PARTIES:	Trevor John SELMORE v Christine Ann BULL
FILE NUMBER(S):	CA 41148/04
COUNSEL:	Appellant: M Einfeld QC/ L Snelling Respondent: P Maiden SC/ T Maltz
SOLICITORS:	Appellant: Milne Berry Berger Respondent: Truman Hoyle

LOWER COURT JURISDICTION:	Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S):	SC 5143/02
LOWER COURT JUDICIAL OFFICER:	Master Macready

CA 41148/2004

MASON P
TOBIAS JA
BROWNIE AJA

Friday 28 October 2005

Trevor John SELMORE v Christine Ann BULL

JUDGMENT

1 MASON P: The parties lived together in a de facto relationship between October 1978 and September 1986, apart from a short separation in 1979. The appellant had been born in 1939, the respondent in 1948. Their child Jennifer was born on 17 December 1978.

2 The appellant purchased a house property at Mt Colah in June 1986. That was the year Jennifer commenced her schooling. It was also the year, in September, when the parties separated. The appellant then commenced living with a woman with whom he had jointly purchased a property at Hornsby in the same month that he had bought Mt Colah.

3 After the separation, the appellant permitted the respondent and their daughter to continue living at Mt Colah rent-free. The appellant also provided weekly maintenance of $40 for the daughter presumably until she turned 18. He also did maintenance, repair work, renovation and landscaping at the house.

4 The respondent was not in paid employment during Jennifer's early years. But after the couple separated she worked in various positions, using her wages to pay living expenses. She was the primary caregiver for Jennifer.

5 After separation, the relationship between the parties continued in a civilised manner. In May 1992 the appellant installed a shed at Mt Colah. He commenced using it for his residence at least two or three nights a week…