Stacpoole v Jones

The appeal concerned a dispute over the division of assets arising from a de facto relationship. The parties were Stacpoole (the appellant) and Jones (the respondent). The proceedings before the primary court were heard by Acting Master Berecry.

The central legal issue before the Court of Appeal was whether the Acting Master had correctly applied the balancing test under section 20 of the relevant legislation in determining the division of the parties' assets, specifically concerning a property located at 344 Lawrence Hargrave Drive, Scarborough, New South Wales. The appellant argued that an adjustment to the division was warranted.

The Court of Appeal found that the Acting Master had erred in his application of section 20. The court allowed the appeal, setting aside the orders of the Acting Master. The court then made new orders to facilitate a revised division of the property, including provisions for an independent valuation if the parties could not agree on the market value. The appellant was ordered to pay the respondent a specific proportion of the determined market value, and upon this payment, the respondent was to transfer her interest in the property to the appellant. The court also made orders regarding the costs of the appeal and the proceedings before the Acting Master.