DELANY v BURGESS [2007] NSWCA 360

DELANY v BURGESS [2007] NSWCA 360

The majority concluded that, although a de facto relationship did exist during certain periods, the appellant's financial and non-financial contributions were not of such a nature or extent as to make it just and equitable to order an adjustment of property interests under the Act. The appeal was dismissed with costs.

Parties
Appellant: Leanne Delany; Respondent: Stephen John Burgess
Jurisdiction
Australia
Judgment Date
13 December 2007
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
De Facto Relationships, Property Adjustment, Limitation Period, Homemaker Contributions
Family Law De Facto Relationships Property Adjustment Limitation Period Homemaker Contributions

Case Brief

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Parties

Leanne Delany

Appellant

Stephen John Burgess

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether a de facto relationship existed between the parties
  2. 2 Whether the relationship was essentially commercial or met the statutory criteria for a de facto relationship
  3. 3 Whether the application for property adjustment was within the required limitation period

Ratio Decidendi

The majority concluded that, although a de facto relationship did exist during certain periods, the appellant's financial and non-financial contributions were not of such a nature or extent as to make it just and equitable to order an adjustment of property interests under the Act. The appeal was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay the respondent's costs