As news.com.au reports, the court heard that Mr To had originally called for “everything that belongs to each party will be returned to each party”. He returned a pair of shoes and wallet his ex-fiancee had bought him.
In court, Magistrate Rodney Brender ruled that because one can no longer sue for the breach of a promise to marry, "the gift of an engagement ring should be seen as unconditional".
"Many gifts are given in happy times and with optimism. Sometimes that optimism is borne out, sometimes it isn't. Why would the law treat a gift of a ring between same sex couples as different? Or between couples who give a ring in anticipation of a de facto relationship starting and prospering?" he said, news.com.au reports.
Mr Brender refused to order Ms To to return the rings or gifts to her former partner. But she was asked to give back $1000 in cash from a joint account and wedding bands that were “bought in contemplation of marriage”.