Khadarou v Antarakis [2022] NSWCA 99

The appellant was not living with the deceased at the time of death and thus was not an eligible person for a family provision order; appeal dismissed.

Parties: Appellant: Sleiman Khadarou; Respondent: Rita Joan Antarakis
Jurisdiction: Australia
Judgment Date: 10 May 2022
Procedural Posture: Appeal / Judgment
Outcome: Appeal dismissed
Legal Topics: Family Provision, Eligibility of Applicant, Living Together, Domestic Support and Personal Care

Succession Family Provision Eligibility of Applicant Living Together Domestic Support and Personal Care

Case Brief

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Parties

Sleiman Khadarou

Appellant

Rita Joan Antarakis

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether appellant was an eligible person under s 57(1)(f) of the Succession Act 2006 (NSW)
2 Whether appellant and deceased were living together at the time of death
3 Factors warranting the making of the application under s 59(1)(b)

Ratio Decidendi

The appellant was not living with the deceased at the time of death and thus was not an eligible person for a family provision order; appeal dismissed.

Court Disposition

Appeal dismissed

Orders

Extend the time for the filing of the notice of appeal to 17 November 2021.
Appeal dismissed with costs.