Downer, Richard Lindsay v Erica Anne Downer

IN THE SUPREME COURT OF JUDICATURE OF JAMAICA

CLAIM NO. E 400 of 2002

BETWEEN RICHARD LINDSAY DOWNER APPLICANT

AND ERICA ANNE DOWNER RESPONDENT

Derrek Jones and Maliaca Wong instructed by Myers Fletcher and Gordon for the applicant.

Pamela Benka-Coker, Q.C. instructed by Debra E. McDonald for the Respondent.

Heard isth, 16th,1 7 'a~n d isth July 2003,5'h, btha nd 7th~ ovember20 03. 1 6 '~a nuarv2 004, C': ,I 5th~ p r i2l0 04, 17'~i,s th, 19'~2,o tha nd 21StM av 2004,14'~,i sth and 1 6 'J~U N 20044,12th

January 2005, lStF ebruary 2005 and 24'h May 2007

Campbell, J.

(1) The court has oftentimes bemoaned the paucity of documentary evidence to support or

rebut applications for division of matrimonial property and maintenance, the two issues with

which the Court is here confronted. No such complaint can properly be made in this case, the

court had the benefit of the evidence of chartered accountants, the parties joint income tax

returns for several relevant years, a plethora of exhibits, consisting of mortgage statements, bank

statements, drawings, account statement, property transfers, rental receipts, security deposits and

lease agreements. The parties were cross-examined exhaustively at the hearings which took

place over a period of 25 days.

(2) The parties were married on 7Ih ~ ~ r19i79l. The marriage lasted for 22 years. There is one

child of the marriage who is now an adult. For both of them this was a second marriage. Each

had two children from the previous marriage. The husband is a Chartered Accountant, and a C;' partner with PricewaterhouseCoopers (Pricewaterhouse). The wife is an interior designer and a

businesswoman.

(3) In 2002 the wife presented a petition for the dissolution of the marriage and applied under

the Matrimonial Causes Act sections 20 (2) and 25 for maintenance. Previously, the wife had

applied under the Maintenance Act and had been met by the husband's preliminary point

alleging her adultery or that the husband reasonably believed that she had committed adultery.

(4) The husband now seeks certain declarations and orders by way of Originating Summons

dated the 4Ih July 2002, under the Matrimonial Causes Act. All the properties stated in the

summons are,registered in the name of the wife. The husband is therefore claiming a beneficial

interest in these properties.

The properties were: