Howland v Ellis

The appeal concerned the distribution of property following the breakdown of a de facto relationship between the parties, Mr. Howland and Ms. Ellis. The primary dispute revolved around whether the de facto relationship had ended at a point in time that would render Ms. Ellis's application for property adjustment out of time, given her imprisonment for a substantial period. The matter came before the Court of Appeal of New South Wales.

The central legal issues before the Court were: (1) when the de facto relationship between the parties ended, particularly in light of Mr. Howland's lengthy imprisonment; (2) whether the imprisonment constituted a separation with the intention of ending the relationship; and (3) whether the Master, in assessing the evidence, had misused any advantage gained from observing the witnesses.

The Court considered the nature of separation in the context of a de facto relationship, noting that it requires more than just physical separation; there must be an intention by one or both parties to end the relationship. The Court found that Mr. Howland's imprisonment, while a significant event, did not automatically signify the end of the de facto relationship. The evidence did not demonstrate that either party had formed the intention to permanently separate during the period of imprisonment. The Court also addressed the Master's assessment of credibility, finding no error in the Master's use of any advantage gained from observing the witnesses.

The Court of Appeal dismissed the appeal, upholding the Master's decision regarding the date of separation and the subsequent property adjustment orders.