Fung v Ye

The appeal concerned a family provision application brought by the plaintiff, Ms. Ye, against the estate of the deceased, Ms. Fung. Ms. Ye, who had lived with Ms. Fung for approximately 18 years, claimed to be a "domestic partner" of the deceased for the purposes of the *Family Provision Act 1982* (NSW). The primary judge had awarded Ms. Ye $425,000 from the estate. The executor of the estate, Mr. Fung, appealed this decision to the Court of Appeal of New South Wales.

The central legal issues before the Court of Appeal were whether Ms. Ye was in a domestic relationship with the deceased at the time of her death, and whether the award made by the trial judge was so generous that no reasonable judicial officer could have made it, thereby warranting appellate interference. The appellant argued that the domestic relationship had ceased due to Ms. Ye's temporary absence from the deceased's home prior to her death.

The Court of Appeal, comprising Tobias JA, Young CJ in Eq, and Bell J, held that a domestic relationship, as contemplated by the *Family Provision Act 1982*, is not necessarily terminated by a temporary absence from the household. The court found that the evidence supported the conclusion that Ms. Ye and Ms. Fung were still in a domestic relationship at the time of Ms. Fung's death. Furthermore, the court determined that the award of $425,000 was not so excessive as to be unreasonable, and therefore, it would not interfere with the trial judge's discretion.

Consequently, the appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.