Dragarski v Dunn [2019] NSWSC 300

Dragarski v Dunn [2019] NSWSC 300

The evidence, when weighed objectively and with regard to independent documentary sources, does not establish that the plaintiff was in a subsisting de facto relationship with the deceased at the time of her death. Accordingly, the plaintiff is not the next of kin for purposes of burial rights.

Jurisdiction
Australia
Judgment Date
21 March 2019
Procedural Posture
Summons / Final Judgment
Outcome
Summons dismissed
Legal Topics
['de Facto Relationship' 'next of Kin' 'burial Rights' 'intestacy']
['equity'] ['de Facto Relationship' 'next of Kin' 'burial Rights' 'intestacy']

Case Brief

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Procedural Posture

Summons / Final Judgment

Legal Issues

  1. 1 ['Whether the plaintiff was the de facto partner of the deceased at the time of death' "Who has the right to control the form of disposal of the deceased's body"]

Ratio Decidendi

The evidence, when weighed objectively and with regard to independent documentary sources, does not establish that the plaintiff was in a subsisting de facto relationship with the deceased at the time of her death. Accordingly, the plaintiff is not the next of kin for purposes of burial rights.

Court Disposition

Summons dismissed

Orders

  • ['The summons is dismissed.' 'The injunction against the second defendant is discharged.' 'No order as to the costs of the proceedings.']