Khadarou v Antarakis [2021] NSWSC 743

Khadarou v Antarakis [2021] NSWSC 743

The plaintiff was not living together with the deceased in a close personal relationship as required by s 57(1)(f) of the Succession Act 2006 (NSW), since evidence did not establish shared residence, sleeping under the same roof, or sharing of a household; thus he was not an eligible person and the application must be dismissed.

Parties
Plaintiff: Sleiman Khadarou; Defendant: Rita Joan Antarakis
Jurisdiction
Australia
Judgment Date
29 June 2021
Procedural Posture
Family Provision Application / Principal Judgment at First Instance
Outcome
Application dismissed with costs.
Legal Topics
Family Provision, Eligibility for Provision, Close Personal Relationship, Domestic Support and Personal Care
Succession Law Equity Family Provision Eligibility for Provision Close Personal Relationship Domestic Support and Personal Care

Case Brief

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Parties

Sleiman Khadarou

Plaintiff

Rita Joan Antarakis

Defendant

Procedural Posture

Family Provision Application / Principal Judgment at First Instance

Legal Issues

  1. 1 Whether the plaintiff was an eligible person under the Succession Act 2006 (NSW) s 57(1)(f) as a person in a close personal relationship with the deceased
  2. 2 Whether the plaintiff and deceased were living together for the purpose of s 57(1)(f)
  3. 3 Whether there were factors warranting the making of the application

Ratio Decidendi

The plaintiff was not living together with the deceased in a close personal relationship as required by s 57(1)(f) of the Succession Act 2006 (NSW), since evidence did not establish shared residence, sleeping under the same roof, or sharing of a household; thus he was not an eligible person and the application must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The proceedings are dismissed.
  • The plaintiff must pay the costs of the Administratrix.