McCarthy v Tye [2017] NSWCA 284

McCarthy v Tye [2017] NSWCA 284

The primary judge was correct in finding that the appellant was not a de facto partner of the deceased but was in a 'close personal relationship', making him an eligible person for family provision. There was no error in the judge's assessment of facts, assets, or the quantum of provision made, and no basis for...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 November 2017
Procedural Posture
Appeal / Judgment on Appeal From Supreme Court of New South Wales, Equity Division
Outcome
Appeal dismissed with costs; extension of time granted for notice of appeal
Legal Topics
['family Provision' 'de Facto Relationships' 'close Personal Relationship' 'adequate Provision' 'extension of Time']
['succession Law'] ['family Provision' 'de Facto Relationships' 'close Personal Relationship' 'adequate Provision' 'extension of Time']

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Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of New South Wales, Equity Division

Legal Issues

  1. 1 ["Whether the primary judge erred in rejecting the appellant's claim to have been a de facto partner of the deceased" "Whether the appellant was 'eligible' for a family provision under Succession Act 2006 (NSW)" 'Whether the primary judge erred in quantum of provision made']

Ratio Decidendi

The primary judge was correct in finding that the appellant was not a de facto partner of the deceased but was in a 'close personal relationship', making him an eligible person for family provision. There was no error in the judge's assessment of facts, assets, or the quantum of provision made, and no basis for appellate interference.

Court Disposition

Appeal dismissed with costs; extension of time granted for notice of appeal

Orders

  • ['Extend the time for the filing of a notice of appeal until 6 December 2016.' 'Dismiss the appeal.' "The appellant to pay the respondent's costs in this Court."]