Sun v Chapman [2021] NSWSC 955

Sun v Chapman [2021] NSWSC 955

The Court found that although Rose and Richard were living in a close personal relationship at the time of Richard's death, Rose was not in a de facto relationship with him. There were no factors warranting the making of a family provision order, and the application should be dismissed.

Parties
Plaintiff: Wei (Rose) Sun; Defendant: Michael Alan Chapman
Jurisdiction
Australia
Judgment Date
04 August 2021
Procedural Posture
Family Provision Claim (succession) / Final Judgment
Outcome
Application for family provision order dismissed.
Legal Topics
Family Provision, De Facto Relationships, Close Personal Relationships, Eligibility Under Succession Act, Provision From Deceased's Estate
Succession Law Equity Family Provision De Facto Relationships Close Personal Relationships Eligibility Under Succession Act Provision From Deceased's Estate

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Parties

Wei (Rose) Sun

Plaintiff

Michael Alan Chapman

Defendant

Procedural Posture

Family Provision Claim (succession) / Final Judgment

Legal Issues

  1. 1 Whether the plaintiff was an eligible person under Succession Act 2006 (NSW) for family provision
  2. 2 Whether the plaintiff was in a de facto or close personal relationship with the deceased at the time of death
  3. 3 Whether factors warrant making a family provision order

Ratio Decidendi

The Court found that although Rose and Richard were living in a close personal relationship at the time of Richard's death, Rose was not in a de facto relationship with him. There were no factors warranting the making of a family provision order, and the application should be dismissed.

Court Disposition

Application for family provision order dismissed.

Orders

  • The summons filed on 14 January 2020 be dismissed.
  • The plaintiff pay the costs of the defendant, with liberty to make written submissions on costs within 14 days.