DORMAN v BEDDOWES [1997] NSWCA 91

DORMAN v BEDDOWES SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY JA, CLARKE and GROVE AJJA

14 April 1997, 14 April 1997

[1997] NSWCA 91

Family law — de facto relationships — existence of relationship

The appellant appealed from the decision of Master Macready who had dismissed his application under the De facto Relationship Act 1984 (NSW). The Master was not satisfied that the relationship had existed for two years, as required by s17(1).

HELD: per Handley JA, (Clarke and Grove AJJA agreeing), (dismissing the appeal): (1) In view of the number of factors that were relevant in considering whether a de facto relationship existed and the questions of fact and degree that were necessarily involved, the Court would be reluctant to disturb a finding as to the existence or otherwise of such a relationship where no error of law or mistake of fact was shown. (2) No error of law or mistake of fact had been established in this case, and the Master's evaluation of the relationship between the parties should not be disturbed.

Handley J This is an appeal by a plaintiff whose application for relief under the Defacto Relationships Act was dismissed by Master Macready. The Master found that the de facto relationship ended in October 1994 but was not satisfied that it had begun more than two years before that date. The requirement that the relationship last for a minimum of two years is in ordinary circumstances a statutory pre-condition to the exercise of the Court's powers under the Act.

The Master gave extensive reasons for not being satisfied that a defacto relationship had commenced by October 1992 even if the parties had started sharing a bedroom. He said:

"Tt seems to me that this is a classic case of a relationship slowly taking shape and changing over a period of time. The plaintiff has not advanced sufficient evidence to satisfy me that by October 1992 it was a defacto relationship".