Brown v Weidig [2023] NSWSC 281

Supreme Court New South Wales

Medium Neutral Citation: Brown v Weidig [2023] NSWSC 281 Hearing dates: 17 and 20 March 2023, with supplementary evidence subsequently tendered via emails, 21-23 March 2023 Decision date: 28 March 2023 Jurisdiction: Equity Before: Lindsay J Decision: Subject to allowing the father of a deceased adult son an opportunity to have carriage of disposal of some of the son's ashes on cremation, the mother of the deceased is to be permitted to have carriage of the cremation of his body and retention of his ashes. Catchwords: Succession – Intestacy – Burial Rights – Nature and purpose of Court's jurisdiction – Determination of competing claims to have carriage of disposal of deceased person's body – Burial versus cremation – Cultural division between estranged parents of deceased adult son. Legislation Cited: Australian Courts Act 1828 Imp New South Wales Act 1823 Imp Succession Act 2006 NSW Supreme Court Act 1970 NSW Cases Cited: Darcy v Duckett [2016] NSWSC 1756 Doodeward v Spence (1908) 6 CLR 406 In the Estate of Jones (deceased); Dodd v Jones (1999) 205LSJ 105; [1999] SASC 458 Jones v Dodd (1999) 73 SASR 328 Marshall v Elson [2023] SASCA 1 re Estate Wilson, Deceased (2017) 93 NSWLR 119 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Smith v Tamworth City Council (1997) 41 NSWLR 680 State of South Australia v Smith (2014) 119 SASR 247; [2014] SASC 64 Wellesley v Duke of Beaufort (1827) 2 Russ 1; 38 ER 236 White v Williams (2019) 99 NSWLR 539 Texts Cited: Falconer, "Australian Burial Law 25 Years on from Smith v Tamworth City Council" (2022) 96 ALJ 581 Category: Principal judgment Parties: Plaintiff: Darren James Brown Defendant: Heidi Louisa Weidig Representation: Counsel: Plaintiff: M Short Defendant: Self represented