Choras v Farmakidis [2020] NSWSC 367

Choras v Farmakidis [2020] NSWSC 367

The application for an extension of time was refused because the plaintiff failed to provide a satisfactory explanation for the lengthy delay, and because the delay caused prejudice to the defendant and other beneficiaries via lost documents, fading recollections, family law settlements, and financial implications. Entry into the Deed of Family Arrangement and absence of good cause defeated any basis for extending the time.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Family Provision Claim / Extension of Time Application; Final Orders
Outcome
Extension application refused; proceedings dismissed; costs awarded to defendant
Legal Topics
['family Provision' 'extension of Time' 'de Facto Partner Eligibility' 'effect of Deed of Family Arrangement' 'prejudice to Beneficiaries' 'civil Procedure']
['succession Law' 'equity'] ['family Provision' 'extension of Time' 'de Facto Partner Eligibility' 'effect of Deed of Family Arrangement' 'prejudice to Beneficiaries' 'civil Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Family Provision Claim / Extension of Time Application; Final Orders

Legal Issues

  1. 1 ['Whether sufficient cause exists to extend time for a family provision claim under s 58(2) of the Succession Act 2006 (NSW)' 'Whether the delay in bringing proceedings prejudiced the defendant and other beneficiaries' 'Whether the explanation for delay is satisfactory' "Strength of the plaintiff's claim"]

Ratio Decidendi

The application for an extension of time was refused because the plaintiff failed to provide a satisfactory explanation for the lengthy delay, and because the delay caused prejudice to the defendant and other beneficiaries via lost documents, fading recollections, family law settlements, and financial implications. Entry into the Deed of Family Arrangement and absence of good cause defeated any basis for extending the time.

Court Disposition

Extension application refused; proceedings dismissed; costs awarded to defendant

Orders

  • ["Plaintiff's application for extension of time refused" 'Proceedings dismissed' "Plaintiff to pay defendant's costs of the proceedings"]