NSW Trustee and Guardian v Payne [2024] NSWSC 1371

NSW Trustee and Guardian v Payne [2024] NSWSC 1371

Although David and Margaret maintained separate residences, the regularity, permanence and intimacy of David's presence in Margaret's home over decades, and their mutual emotional and practical commitment, were sufficient to amount to 'living together' as a couple for at least two continuous years prior to David's death within the meaning of s 21C Interpretation Act 1987 (NSW), so they were in a de facto relationship at the relevant time.

Parties
Plaintiff: NSW Trustee and Guardian; First Defendant: Bruce William Payne; Second Defendant: Christopher Douglas Payne; Third Defendant: Janice Edna Williams; Fourth Defendant: Eric Charles Nelson; Fifth Defendant: Colin Philip Bailey; Sixth Defendant: Amanda Jane Edgar and Melissa Anne Phillips as executors of the estate of the late Ronald Arthur Bailey; Seventh Defendant: June Rosetta Boulton; Eighth Defendant: Deborah May Percival as executor of the estate of the late Doris Marie Percival; Ninth Defendant: Robert Bruce Effield; Tenth Defendant: Kenneth Vincent Hooper; Eleventh Defendant: Ross William Hooper; Twelfth Defendant: Janet Anne Garrett; Thirteenth Defendant: Ivy Starling
Jurisdiction
Australia
Judgment Date
30 October 2024
Procedural Posture
Succession/intestacy Declaration and Orders / Principal Judgment First Instance
Outcome
Declarations and orders made as sought. David Bernard Hooper and Margaret Sylvia Payne were in a de facto relationship at the date of death for at least two years; estate to be distributed to Bruce Payne and Christopher Payne as administrators of Margaret Sylvia Payne's estate; costs paid on indemnity basis out of...
Legal Topics
De Facto Relationship, Distribution on Intestacy, Meaning of 'living Together', Application of S 21 C Interpretation Act
Succession Intestacy Equity De Facto Relationship Distribution on Intestacy Meaning of 'living Together' Application of S 21 C Interpretation Act

Case Brief

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Parties

NSW Trustee and Guardian

Plaintiff

Bruce William Payne

First Defendant

Christopher Douglas Payne

Second Defendant

Janice Edna Williams

Third Defendant

Eric Charles Nelson

Fourth Defendant

Colin Philip Bailey

Fifth Defendant

Amanda Jane Edgar and Melissa Anne Phillips as executors of the estate of the late Ronald Arthur Bailey

Sixth Defendant

June Rosetta Boulton

Seventh Defendant

Deborah May Percival as executor of the estate of the late Doris Marie Percival

Eighth Defendant

Robert Bruce Effield

Ninth Defendant

Kenneth Vincent Hooper

Tenth Defendant

Ross William Hooper

Eleventh Defendant

Janet Anne Garrett

Twelfth Defendant

Ivy Starling

Thirteenth Defendant

Procedural Posture

Succession/intestacy Declaration and Orders / Principal Judgment First Instance

Legal Issues

  1. 1 Whether the deceased David Bernard Hooper was in a de facto relationship with the late Margaret Sylvia Payne for a continuous period of at least two years prior to his death within the meaning of s 21C of the Interpretation Act 1987 (NSW)
  2. 2 Whether the estate should be distributed to Bruce Payne and Christopher Payne as administrators of the estate of Margaret Sylvia Payne on intestacy

Ratio Decidendi

Although David and Margaret maintained separate residences, the regularity, permanence and intimacy of David's presence in Margaret's home over decades, and their mutual emotional and practical commitment, were sufficient to amount to 'living together' as a couple for at least two continuous years prior to David's death within the meaning of s 21C Interpretation Act 1987 (NSW), so they were in a de facto relationship at the relevant time.

Court Disposition

Declarations and orders made as sought. David Bernard Hooper and Margaret Sylvia Payne were in a de facto relationship at the date of death for at least two years; estate to be distributed to Bruce Payne and Christopher Payne as administrators of Margaret Sylvia Payne's estate; costs paid on indemnity basis out of...

Orders

  • Declare that the late David Bernard Hooper was in a de facto relationship with the late Margaret Sylvia Payne for a continuous period of at least two years as at his death.
  • Order the plaintiff, as administrator of the estate, distribute the intestate estate of the deceased to Bruce Payne and Christopher Payne, as administrators of the estate of the late Margaret Sylvia Payne.