Gabriel v Gabriel [2005] VSC 158 (9 May 2005)

Gabriel v Gabriel [2005] VSC 158 (9 May 2005)

"In summary, during the course of the domestic relationship Mrs Oates lost all of her assets and her livelihood. Her assets were all lent to Mr Gabriel or one of his companies, and never repaid, or were used to purchase the New South Wales property in which he resided until it was sold to pay off the debts of Mr Gabriel and related companies. In one case, Mr Gabriel simply sold Mrs Oates' car without her consent and did not account to her for the proceeds."

"Mrs Oates purchased from Mr Gabriel a white Mercedes motor vehicle for $25,000. This occurred in 1990. In 1992, Mr Gabriel tricked Mrs Oates into signing a piece of paper and it later transpired that this was a notice of disposal of the vehicle. I received evidence that the vehicle was sold by Mr Gabriel to Chapman Motors for the sum of $59,000 on 9 July 1992. There has been a clear conversion of the motor vehicle, which was the property of Mrs Oates, and she is entitled to damages for that conversion in the sum of $59,000."

"It revealed that he stated as fact matters which related to his resignation as a director from various companies, and to his partner Ms H. Oates' position in them as director or co-director or secretary, with little care or regard for truth or accuracy."

Mrs Oates spoke of Mr Gabriel with bitterness and resentment, describing him as a selfish bully.

"Mr Gabriel received large sums of money over the years of the continuation of the domestic relationship which, apart from some contribution towards the joint needs of himself and Mrs Oates, was either frittered away in unsuccessful and speculative business activities and property acquisitions or else has been secreted away, perhaps overseas."