NSW Caselaw
New South Wales Supreme Court
CITATION : Delany v Burgess [2006] NSWSC 1420
HEARING DATE(S) : 19 and 20 July 2006
JUDGMENT DATE : 19 December 2006
JURISDICTION : Equity Division
JUDGMENT OF : Associate Justice McLaughlin at 1
DECISION : (1). I order that the proceedings be dismissed. (2). I order that the Plaintiff pay the costs of the Defendant. (3). I direct that the exhibits be retained. (4). I direct the Registrar to furnish a copy of this judgment to the Director of Public Prosecutions and to Centrelink.
CATCHWORDS : Family Law. De facto relationship. Whether or not such a relationship existed. Whether Plaintiff was only a boarder in Defendant's property. Financial arrangements between parties concerning Plaintiff's residence in Defendant's property. Sexual relationship between parties. Three separate periods of asserted de facto relationship. Claim is out of time in respect to each of those periods. No application for extension of time. Only one of those periods is asserted to have been for not less than two years. Whether Court is precluded from making an order for the adjustment of the interests of the parties in property. Asserted contributions by Plaintiff in capacity of homemaker or parent.
LEGISLATION CITED : Property (Relationships) Act 1984
PARTIES : Leanne Delany (Plaintiff) Stephen John Burgess (Defendant)
FILE NUMBER(S) : SC 5716 of 2004
COUNSEL : Mr. R. Colquhoun (Plaintiff) Mr. P. Campton (Defendant)
SOLICITORS : Fitzpatrick Solicitors (Plaintiff) Browns Family Lawyers (Defendant)
- 20 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
ASSOCIATE JUSTICE McLAUGHLIN
Tuesday, 19 December 2006
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