ROBSON v QUIJARRO [2009] NSWCA 365

ROBSON v QUIJARRO [2009] NSWCA 365

The objective evidence established that the appellant and deceased maintained a de facto relationship of more than two years, satisfying statutory requirements despite the deceased's relationships with other women. The trial judge erred in concluding the relationship had ended, as factual and legal criteria for de facto status remained satisfied until the date of death.

Jurisdiction
Australia
Judgment Date
11 November 2009
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal allowed
Legal Topics
['de Facto Relationship' 'intestacy' 'letters of Administration' 'assessment of Factual Findings on Appeal']
['succession Law' 'family Law'] ['de Facto Relationship' 'intestacy' 'letters of Administration' 'assessment of Factual Findings on Appeal']

Case Brief

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the appellant was a de facto spouse of the deceased at the time of his death for the purpose of succession on intestacy under the Probate and Administration Act 1898 (NSW)']

Ratio Decidendi

The objective evidence established that the appellant and deceased maintained a de facto relationship of more than two years, satisfying statutory requirements despite the deceased's relationships with other women. The trial judge erred in concluding the relationship had ended, as factual and legal criteria for de facto status remained satisfied until the date of death.

Court Disposition

Appeal allowed

Orders

  • ["Set aside the order made in Equity Division dismissing the appellant's cross-claim" 'Set aside the grant of letters of administration in favour of the respondents' 'Remit the matter to the Registrar for a grant of letters of administration in favour of the appellant' "Set aside the order made on 22 August 2008...