May v Ndlovu [2008] NSWDC 49

May v Ndlovu [2008] NSWDC 49

On the facts, notwithstanding periods of physical separation to undertake tertiary studies at different institutions, the plaintiff and the deceased continued living together as a couple in a de facto relationship at the time of death, meeting the statutory definition under the Property (Relationships) Act 1984.

Jurisdiction
Australia
Judgment Date
18 March 2008
Procedural Posture
Civil / Preliminary Determination on De Facto Relationship Status
Outcome
Plaintiff found to have been in a de facto relationship with the deceased at the relevant date; costs of preliminary point awarded to plaintiff; further procedural directions made.
Legal Topics
['de Facto Relationships' 'cohabitation' 'entitlement to Compensation' 'motor Vehicle Accident']
['family Law' 'torts'] ['de Facto Relationships' 'cohabitation' 'entitlement to Compensation' 'motor Vehicle Accident']

Case Brief

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Procedural Posture

Civil / Preliminary Determination on De Facto Relationship Status

Legal Issues

  1. 1 ['Whether the plaintiff was in a de facto relationship with the deceased at the time of his death under the Property (Relationships) Act 1984' 'Whether cohabitation was maintained while studying at different institutions']

Ratio Decidendi

On the facts, notwithstanding periods of physical separation to undertake tertiary studies at different institutions, the plaintiff and the deceased continued living together as a couple in a de facto relationship at the time of death, meeting the statutory definition under the Property (Relationships) Act 1984.

Court Disposition

Plaintiff found to have been in a de facto relationship with the deceased at the relevant date; costs of preliminary point awarded to plaintiff; further procedural directions made.

Orders

  • ['I find that the plaintiff was in a de facto relationship with Mr Teh on 22 September 2001.' "The defendant is to pay the plaintiff's costs of the proceedings in respect of the preliminary point." 'The proceedings will be listed for status conference on 25 June 2008.' 'The application for review by the Medical...