Delany v Burgess

The New South Wales Court of Appeal considered an appeal concerning the existence of a de facto relationship and the subsequent adjustment of property interests. The primary dispute revolved around whether the relationship between the parties was of an essentially business nature, rather than a domestic partnership, and whether property acquired before the relationship commenced should be subject to division.

The court was required to determine whether the trial judge erred in finding that a de facto relationship existed between the parties, notwithstanding periods of temporary separation and the fact that some property was purchased prior to the commencement of the relationship. A further issue was whether the trial judge correctly applied the principles for the adjustment of property interests under the *Property (Relationships) Act 1984* (NSW).

In dismissing the appeal, the Court of Appeal affirmed the trial judge's finding that the relationship was one of "give-and-take" and was not of an essentially business nature. The court applied the principles established in case law regarding the indicia of a de facto relationship, considering the totality of the circumstances, including the domestic aspects of the parties' association. The court found no error in the trial judge's assessment of the evidence and the application of the relevant statutory provisions for property adjustment. The appeal was dismissed with costs.