NSW Caselaw
Appeal Outcome: Special leave refused with costs by the High Court - 16 May 2008
New South Wales Court of Appeal
CITATION: DELANY v BURGESS [2007] NSWCA 360
HEARING DATE(S): 18 September 2007
JUDGMENT DATE: 13 December 2007
JUDGMENT OF: Mason P at 1; Beazley JA at 105; Hammerschlag J at 111
DECISION: Appeal dismissed with costs
CATCHWORDS: FAMILY LAW AND CHILD WELFARE – De-facto relationships – relationship – whether de facto relationship existed – whether relationship was of an essentially business nature - FAMILY LAW AND CHILD WELFARE – De-facto relationships – adjustment of property interest – particular cases – where relationship one of give-and-take – where some periods of temporary separation – where property purchased before relationship began – Property Relationships Act 1984, s 18, s 20
LEGISLATION CITED: Property (Relationships) Act 1984
Bilous v Mudaliar [2006] NSWCA 38; (2006) 65 NSWLR 615 Delany v Burgess [2006] NSWSC 1420 Evans v Marmont (1997) 42 NSWLR 70 CASES CITED: Howland v Ellis [2001] NSWCA 456; (2001) 28 Fam LR 656 Kardos v Sarbutt [2006] NSWCA 11; (2006) 34 Fam LR 550 Manns v Kennedy [2007] NSWCA 217 Sullman v Sullman [2002] NSWSC 169; (2002) DFC 95-248 Thomson v Badger (1989) 13 Fam LR 559
PARTIES: Leanne DELANY Stephen John BURGESS
FILE NUMBER(S): CA 40830/06
COUNSEL: R Colquhoun - Appellant P Campton - Respondent
SOLICITORS: Fitzpatrick Solicitors Pty Ltd - Appellant Browns the Family Lawyers - Respondent
LOWER COURT JURISDICTION: Supreme Court - Equity Division
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate