Frail v Shorey & Anor [2021] NSWSC 122

Supreme Court New South Wales

Medium Neutral Citation: Frail v Shorey & Anor [2021] NSWSC 122 Hearing dates: 17 February 2021 Date of orders: 24 February 2021 Decision date: 24 February 2021 Jurisdiction: Equity - Expedition List Before: Sackar J Decision: See paras [144]-[146] Catchwords: SUCCESSION – burial rights – where mother and father have equal ranking at common law – whether mother or father should have carriage of the funeral and custody of the deceased's body – burial or cremation – Aboriginal religious, cultural and spiritual considerations – mother granted relief sought. Legislation Cited: Family Law Act 1975 (Cth) Motor Accident Injuries Act 2017 (NSW) Cases Cited: AB v CD [2007] NSWSC 1474 Abraham v Magistrate Stone, Deputy State Coroner [2017] NSWSC 1684 Darcy v Duckett [2016] NSWSC 1756 In Estate of Crippen [1911] P108 In the Estate of Jones (deceased); Dodd v Jones [1999] SASC 458 Joseph v Dunn [2007] WASC 238 Kitchener v Magistrate Thomas in his capacity as a Coroner [2019] NSWSC 701 Milson v Milson [2020] NSWSC 919 Nayacakalou v Vincent [2020] NSWSC 24 Re G (1946) 62 TLR 279 State of South Australia v Smith (2014) 119 SASR 247; [2014] SASC 64 Smith v Tamworth City Council (1997) 41 NSWLR 680 Category: Principal judgment Parties: Shayleen Maree Frail (applicant/plaintiff) Joseph Shorey (first defendant) Coroner's Court of New South Wales (second defendant) Representation: Counsel: B Jones (plaintiff) M Anderson (defendant)