Claudelle Sharon Clare Miles v Hillman John Miles (aka) Johan Miles Abdullah & 3 ors; In the Estate of Wayde Stanley Miles [2006] NSWSC 918

Claudelle Sharon Clare Miles v Hillman John Miles (aka) Johan Miles Abdullah & 3 ors; In the Estate of Wayde Stanley Miles [2006] NSWSC 918

The orders of the Sessions Court of Kelang, Malaysia, made on 5 July 1979, adopting Wayde and Claudelle to Stanley Alexander, satisfy the presumption under Adoption Act 2000 (NSW) s 116(5) as the evidence does not rebut residency or domicile requirements. The orders were made according to Malaysian law, and accordingly are to be recognised as valid and effective under NSW law pursuant to s 116; thus Wayde and Claudelle are taken as having been adopted under NSW law.

Jurisdiction
Australia
Judgment Date
29 August 2006
Procedural Posture
Estate Administration and Recognition of Foreign Adoption / Hearing and Determination of Separate Questions Under Amended Summons
Outcome
Adoptions recognised; leave to proceed granted; costs of separate questions are plaintiff's costs in the proceedings; further directions for notification and expedition of the matter.
Legal Topics
['recognition of Foreign Adoption' 'administration of Estate' 'intestacy' 'leave to Proceed Against Overseas Defendant' 'effect of Foreign Adoption Orders']
['private International Law' 'family Law' 'procedure'] ['recognition of Foreign Adoption' 'administration of Estate' 'intestacy' 'leave to Proceed Against Overseas Defendant' 'effect of Foreign Adoption Orders']

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Procedural Posture

Estate Administration and Recognition of Foreign Adoption / Hearing and Determination of Separate Questions Under Amended Summons

Legal Issues

  1. 1 ['Whether the adoption of Wayde Stanley Miles by Stanley Alexander in Malaysia in 1979 is valid and effective according to the law of New South Wales' 'Whether the adoption of Claudelle Sharon Clare Miles by Stanley Alexander in Malaysia in 1979 is valid and effective according to the law of New South Wales']

Ratio Decidendi

The orders of the Sessions Court of Kelang, Malaysia, made on 5 July 1979, adopting Wayde and Claudelle to Stanley Alexander, satisfy the presumption under Adoption Act 2000 (NSW) s 116(5) as the evidence does not rebut residency or domicile requirements. The orders were made according to Malaysian law, and accordingly are to be recognised as valid and effective under NSW law pursuant to s 116; thus Wayde and Claudelle are taken as having been adopted under NSW law.

Court Disposition

Adoptions recognised; leave to proceed granted; costs of separate questions are plaintiff's costs in the proceedings; further directions for notification and expedition of the matter.

Orders

  • ['Grant leave to the plaintiff under UCPR r 11.4 to proceed against the first defendant.' 'Answer Yes to both questions regarding validity of the adoptions under NSW law.' "Costs of the separate questions are the plaintiff's costs in the proceedings." 'Stand these proceedings and proceedings 1134/06 over to the...