Sun v Chapman [2021] NSWSC 955

Supreme Court New South Wales

Medium Neutral Citation: Sun v Chapman [2021] NSWSC 955 Hearing dates: 19, 20, 21, 22, 23 April 2021 Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Equity Before: Emmett AJA Decision: Order that: 1. The summons filed on 14 January 2020 be dismissed. 2. The plaintiff pay the costs of the defendant, but reserve to the parties liberty to make written submissions on the question of costs no later than 14 days after the publication of these reasons and for each party to respond within a further 14 days. Catchwords: SUCCESSION — family provision — claim by alleged de facto partner of the deceased for provision from the deceased's estate under Succession Act 2006 (NSW), Ch 3 — whether eligible person — whether in a de facto relationship at time of death Legislation Cited: Births, Deaths and Marriages Registration Act 1995 (NSW) Interpretation Act 1987 (NSW), s 21C Migration Act 1958 (Cth), s 417 Relationships Register Act 2010 (NSW), s 6 Succession Act 2006 (NSW), ss 3, 57, 59 Cases Cited: Chao v Minister for Immigration and Border Protection [2018] FCA 858 Texts Cited: Nil Category: Principal judgment Parties: Wei (Rose) Sun (Plaintiff) Michael Alan Chapman (Defendant) Representation: Counsel: P Livingstone (Plaintiff) M Bridger with H Breeze (Defendant))

Solicitors: Wyatts Lawyers & Advisors (Plaintiff) Bainbridge Legal (Defendant) File Number(s): 2020/12509 Publication restriction: Nil