Garrick v NSW Registry of Births, Deaths and Marriages [2017] NSWCATAD 306

Garrick v NSW Registry of Births, Deaths and Marriages [2017] NSWCATAD 306

The Tribunal was not satisfied that Ms Garrick's marital status immediately before death was "single" rather than "de facto". Although the evidence supported that Mr Saaghy had decided in his own mind to end or take a break from the relationship, he had not definitively communicated that intention to Ms Garrick before her death. The contemporaneous text messages showed that Ms Garrick suspected he was pushing her away and was seeking a response from him, and although she considered moving out, she later gave him another opportunity to respond. In the context of a de facto relationship that had existed for at least 1 year and 4 months and where they were living together immediately before...

Jurisdiction
Australia
Judgment Date
23 October 2017
Procedural Posture
Merits Review of a Decision of the Registrar of Births, Deaths and Marriages Not to Correct a Death Certificate / Final Decision
Outcome
The time for lodging the application was extended and the Registrar's decision not to correct the Death Certificate of Jayra Garrick was affirmed.
Legal Topics
['merits Review' 'correction of Death Certificate' 'marital Status at Date of Death' 'de Facto Relationship']
['administrative Law' 'births, Deaths and Marriages Registration'] ['merits Review' 'correction of Death Certificate' 'marital Status at Date of Death' 'de Facto Relationship']

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Procedural Posture

Merits Review of a Decision of the Registrar of Births, Deaths and Marriages Not to Correct a Death Certificate / Final Decision

Legal Issues

  1. 1 ['Whether the time for lodging the application should be extended to 11 April 2017.' 'Whether Ms Jayra Garrick\'s marital status immediately before death should be recorded as "single" or "de facto" on her death certificate.' 'Whether the Registrar should correct the Register by changing the deceased\'s marital status from "de facto" to "single" and making related changes to the death certificate.']

Ratio Decidendi

The Tribunal was not satisfied that Ms Garrick's marital status immediately before death was "single" rather than "de facto". Although the evidence supported that Mr Saaghy had decided in his own mind to end or take a break from the relationship, he had not definitively communicated that intention to Ms Garrick before her death. The contemporaneous text messages showed that Ms Garrick suspected he was pushing her away and was seeking a response from him, and although she considered moving out, she later gave him another opportunity to respond. In the context of a de facto relationship that had existed for at least 1 year and 4 months and where they were living together immediately before...

Court Disposition

The time for lodging the application was extended and the Registrar's decision not to correct the Death Certificate of Jayra Garrick was affirmed.

Orders

  • ['The time for lodging the application is extended to 11 April 2017.' "The decision of the Registrar of Births, Deaths and Marriages not to 'correct' the Death Certificate of Jayra Garrick is affirmed."]