NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Le v Angius [2022] NSWSC 240 Hearing dates: 18 February 2022 Date of orders: 18 February 2022 Decision date: 18 February 2022 Jurisdiction: Equity - Family Provision List Before: Parker J Decision: See [108] Catchwords: SUCCESSION – family provision – alleged de facto relationship – application for continued possession of deceased's home – interlocutory injunction – strength of prima facie case – relationship with final relief – balance of convenience – interim provision – likelihood of order for possession or ownership by way of final relief – balance of convenience – application refused Legislation Cited: Family Provision Act 1982 (NSW), s 9 Probate and Administration Act 1898 (NSW), ss 44, 61 Succession Act 2006 (NSW), ss 62, 72 Uniform Civil Procedure Rules 2005 (NSW), r 7.10 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Limited (2001) 208 CLR 199 Bryan v Beveridge [2021] NSWSC 1406 Roberts v Moses [2015] NSWSC 1504 Steiner v Strang [2017] NSWSC 132 Woollahra Municipal Council v Jeffries [1981] 1 NSWLR 377 Young v Salkeld (1985) 4 NSWLR 375 Category: Procedural rulings Parties: Thi Quy Le (Plaintiff) Jenny Angius (Defendant) Representation: Counsel: L Ellison SC (Plaintiff) E Picker (Defendant)
Solicitors: AKN & Associates (Plaintiff) Mills Oakley (Defendant) File Number(s): 2022/41064 Publication restriction: Nil
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