Van Beveren v Denny and 2 Ors

The case of Van Beveren v Denny and 2 Ors involved a dispute between the parties over the termination of a de facto relationship and the ownership of property jointly held with the female de facto's mother. The case was heard in the Supreme Court of Western Australia. The central issue before the court was to determine the extent to which the male de facto contributed to the purchase price and mortgage servicing of the property, and whether he was entitled to share in the sale proceeds if a trust for sale was ordered.

The court needed to decide whether the male de facto agreed to contribute to the mortgage on a sole basis or jointly with the mother, and the impact of the decline in property value on the distribution of proceeds. Additionally, the court had to consider whether payments made by the female de facto from a three-way loss-making partnership between the two de factos and the mother, or from a riding business owned 50/50 by the de factos, should be attributed proportionately to the male de facto. The court also had to examine the effect of these contributions on the male de facto's entitlement, given that he had not sufficiently contributed to the mortgage. Finally, the court needed to determine the basis for the exercise of discretion to order a sale under section 66G of the Conveyancing Act.

The court found that the male de facto had not sufficiently contributed to the mortgage and therefore was not entitled to a proportionate share of the sale proceeds. The court held that the contributions made by the female de facto from the three-way partnership and the riding business could not be attributed to the male de facto. The court also found that the decline in property value did not affect the male de facto's entitlement to a share of the proceeds. The court exercised its discretion to order a sale under section 66G of the Conveyancing Act, taking into account the contributions made by both parties and the overall circumstances of the case. The court ordered that the property be sold, with the proceeds to be distributed according to the contributions made by the parties and any other relevant factors.