To:
Gaemme Minchin, Barrister
This statement will be signed and witnessed as, if things work out, I intend to end my own life before this matter reaches court.
I am definitely not prepared to deal with anything regarding the ownership of 13 Bettina Place at this time. This is a paternity/support case and if Ms Brownsett wishes to challenge my share of the ownership then she can do so through the court system in its own place and time.
On the property matter though, I would like put forward some basic facts.
The house at 13 Bettina Place was purchased by Ms Brownsett and I as Tenants in common having equal shares for a good reason. I specifically instructed the solicitor at the time (with agreement by Ms Brownsett) to make it this way.
At the time Ms Brownsett was living at that address with her family and parents who owned the property. The who place was very run down and her parents indicated that they were going to sell it and buy something smaller.
I had just returned from Australia and had received an insurance payment of $40,000 . This was as a result of a serious accident which left me with permanent physical and psychological damage. The amount I was awarded was to pay for ongoing treatment. I was living in my own flat in Papatoe but after much discussion with Ms Brownsett the decision was made to use my medical money to buy her parents house. The main consideration was to keep the children at the same school as they had settled in there. I put down enough deposit to give us equity (a bit more than $30K) and Housing Corp. financed the rest. The remained was invested in various things such as a yatch (which I lost money on) then property (which I lost when I went to prison). The spirit of the agreement was that I postponed my medical treatment, paid for half the house and Ms Brownsett would pay her half through the mortgage, then if and when I needed surgery I could draw on the mortgage to pay for it. Ms Brownsett at the time had no savings and no chance of even renting let alone purchasing a house so she has gained considerably more than she would have just on the capital gains of her half. The mortgage owning is ridiculously small, even less by todays standards. The surgery I require would now cost me in excess of $60,000 which is approximately what my half would be worth. Its is a bit late for that now but this is why it is morally as well as legally my half of the property.
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I have bank statements which show I was paying the mortgage anyway as well as receipts for the extensive work I carried out on the property which have increased the value.
This includes:
Re roofing the garage and replacing the custom-made guttering.
New guttering for the entire house.
Re building the pool decking.
New pool liner (x2)
Concreting the driveway.
Installing a carport.
Building extra decking and bbq area.
Numerous building alterations.
Re surfacing the front lawn.
Planting extensive gardens.
Ms Brownsett and family have not looked after the property nor maintained it. The last time I saw it (with witnesses) it was untidy, dirty and in a state of disrepair.
As for my estate ..the beneficiaries of this will be the Auckland Pride Centre who have supported me through my pain and other problems over the years when my so called family did not want to know me.
I have been informed that the youngest of the children (Tanya Dean) is working and has left home, therefore, even though the property is now probably worth less than the government valuation I am willing to sell my half if Ms Brownsett makes me a fair offer based on market value.
Robertson 6th May 2002
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