BROWNLEE (FORMERLY READETT) v STANFORD [1993] NSWCA 40

BROWNLEE (FORMERLY READETT) v STANFORD SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, CRIPPS JJA and O' KEEFE AJA 6 September 1993, 6 September 1993

[1993] NSWCA 40

Following the breakup of her former marriage, the appellant moved into the home of the respondent under a semi business arrangement whereby she would have free accommodation in exchange for performing household duties and buying food for both parties. After some months a sexual relationship developed and the parties became de facto partners. Thereafter the appellant's children by her former marriage also moved into the house. After some two and a half years the de facto relationship came to an end. The Master accepted the respondent's evidence in preference to that of the appellant and found that she had not made any substantial contribution from her capital, her income, or by her work to the maintenance or improvement of the respondent's house. The partners had not pooled their financial resources. The Master also found that the appellant's contribution as homemaker to herself, her children by the former marriage and the respondent did not entitle her to a property adjustment order. On appeal:

Held: The appeal should be dismissed because the appellant had failed to establish that the Master's exercise of his discretion had miscarried. In particular the appellant had failed to demonstrate that she was significantly worse off financially or personally as a result of having entered into the de facto relationship than she would have been had she lived elsewhere and she had also failed to demonstrate that the respondent was financially better off as a result of having entered into the relationship than he would have been if he had continued to live by himself.

Handley JA This is an appeal by Susan Patricia Readett from the decision of Master McLaughlin who dismissed her application for a property adjustment order under the De Facto Relationship Acts 1984.