Sadiq v NSW Trustee & Guardian [2015] NSWSC 716

Sadiq v NSW Trustee & Guardian [2015] NSWSC 716

The plaintiff failed to prove, on the balance of probabilities, that he was in a de facto relationship with the deceased for a continuous period of 2 years immediately before her death, or at all, and did not satisfy the requirements for being an eligible person under any alternative category in the Succession Act 2006 (NSW). Therefore, he was not entitled to the estate on intestacy nor to a family provision order; his claim was dismissed.

Jurisdiction
Australia
Judgment Date
09 June 2015
Procedural Posture
Principal Judgment / Final Judgment After Hearing
Outcome
Plaintiff's Statement of Claim dismissed. Plaintiff to pay defendant's costs. Interlocutory injunction dissolved.
Legal Topics
['intestacy' 'family Provision' 'de Facto Relationships' 'self Represented Litigants' 'probate' 'eligibility Under Succession Act']
['succession Law' 'equity' 'civil Procedure'] ['intestacy' 'family Provision' 'de Facto Relationships' 'self Represented Litigants' 'probate' 'eligibility Under Succession Act']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Principal Judgment / Final Judgment After Hearing

Legal Issues

  1. 1 ['Whether the plaintiff was the de facto partner/spouse of the deceased and entitled to the intestate estate under Succession Act 2006 (NSW)' 'Whether the plaintiff is an eligible person for a family provision order under Succession Act 2006 (NSW)' "Whether the plaintiff was a member of the deceased's household or in a close personal relationship" 'Whether the plaintiff should have provision out of the estate']

Ratio Decidendi

The plaintiff failed to prove, on the balance of probabilities, that he was in a de facto relationship with the deceased for a continuous period of 2 years immediately before her death, or at all, and did not satisfy the requirements for being an eligible person under any alternative category in the Succession Act 2006 (NSW). Therefore, he was not entitled to the estate on intestacy nor to a family provision order; his claim was dismissed.

Court Disposition

Plaintiff's Statement of Claim dismissed. Plaintiff to pay defendant's costs. Interlocutory injunction dissolved.

Orders

  • ["Plaintiff's Statement of Claim is dismissed." "Plaintiff is to pay the Defendant's costs of the proceedings." 'The interlocutory injunction restraining Defendant from selling the property is dissolved.' 'Exhibits to be dealt with per Uniform Civil Procedure Rules 2005 (NSW).']