NSW Caselaw
New South Wales Court of Appeal
CITATION: Fung v Ye [2007] NSWCA 115
HEARING DATE(S): 20/04/07
JUDGMENT DATE: 15 May 2007
JUDGMENT OF: Tobias JA at 1; Young CJ in Eq at 2-34; Bell J at 35
DECISION: The appeal is dismissed with costs.
CATCHWORDS: SUCCESSION- Family provision application- Trial judge awarded adult companion of deceased $425,000- Plaintiff living in a domestic relationship with deceased for purposes of s 6(a)(ii) of Family Provision Act 1982- Deceased was plaintiff's "honorary aunt"- Whether relationship had ceased at the time of deceased's death- Held a domestic relationship is not necessarily at an end when one person is temporarily absent from household- Whether award so generous that no reasonable judicial officer could have made it- Held award not so generous as to warrant interference by an appellate court.
LEGISLATION CITED: Family Provision Act 1982, ss 6(a)(ii), 6(d), 7
Golosky v Golosky (C/A, 5.10.1993, unreported) Hibberson v George (1989) 12 Fam LR 725 CASES CITED: In re Allen [1922] NZLR 218 Singer v Berghouse (1994) 181 CLR 201 Vigolo v Bostin (2005) 221 CLR 191
PARTIES: Keith Yuk Kee Fung (Appellant) Michael Ye (Respondent)
FILE NUMBER(S): CA 40415/06
COUNSEL: L Ellison SC (Appellant) M Broun QC and A Gidaro (Respondent)
SOLICITORS: Benjafield & Associates (Appellant) Luminous Legal (Respondent)
LOWER COURT JURISDICTION: Supreme Court - Equity Division
LOWER COURT FILE NUMBER(S): 6032/02
LOWER COURT JUDICIAL OFFICER: Gzell J
LOWER COURT DATE OF DECISION: 26/06/06
LOWER COURT MEDIUM NEUTRAL CITATION: Ye v Fung (No 3) [2006] NSWSC 635
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