Recent Cases

Davis v Davis [2024] NSWCA 222 (19 September 2024) (White and Kirk JJA, Basten AJA)


Catchwords:


PERSONAL PROPERTY – Property (Relationships) Act 1984 (NSW) – Domestic relationship between father and adult daughter – Deed entered into for father to transfer family house to daughter while retaining continuing right of occupation – Father moved out given dispute with daughter’s son – Error in taking account of inheritance – Error in undervaluing father’s contribution pursuant to the Deed – Incomplete reasoning – Consideration of matters not properly in issue and of little weight – Making of unfair and irrelevant findings – Re-exercise of discretion on appeal

COSTS – Failure to make an offer of compromise not to be held against a party