The Estate of Daniele Claudio Legler [2024] NSWSC 726

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Daniele Claudio Legler [2024] NSWSC 726 Hearing dates: 6 – 10 May 2024 Date of orders: 17 June 2024 Decision date: 17 June 2024 Jurisdiction: Equity Before: Pike J Decision: (1) Direct the parties to confer and to seek to agree orders to give effect to these reasons, including as to costs. (2) Direct the parties to provide agreed orders, or competing orders, to my Associate by no later than 1 July 2024. (3) In the event that there is no agreement as to orders, direct the parties to provide to my Associate by no later than 1 July 2024, any submissions and supporting material, such submissions not to exceed 5 pages. (4) Direct the parties to provide to my Associate by no later than 8 July 2024 any submissions and supporting material in reply, such submissions not to exceed 5 pages. (5) Direct the parties to notify my Associate by no later than 8 July 2024 whether an oral hearing is sought in relation to the determination of the outstanding issues. Catchwords: SUCCESSION – family law – property – whether de facto relationship existed – factors in determining the existence of a de facto relationship – where plaintiff seeks Letters of Administration as de facto spouse – where estate in jurisdiction is essentially insolvent SUCCESSION – jurisdiction – where court has jurisdiction to grant administration – whether deceased was domiciled in jurisdiction at time of death – no matter how far or wide he roamed he still called Portugal home SUCCESSION – probate and administration – where distrust in relationship between de facto spouse and children of deceased – where necessary to appoint independent person as administrator Legislation Cited: Domicile Act 1979 (NSW) Domicile Act 1982 (Cth) Family Provision Act 1982 (NSW) Interpretation Act 1987 (NSW) Probate and Administration Act 1898 (NSW) Property (Relationships) Act 1984 (NSW) Succession Act 2006 (NSW) Cases Cited: Amprimo v Wynn (2015) 15 ASTLR 41; [2015] NSWCA 286 Application of Perpetual Trustee Company Ltd; Re Estate of Late Dempsey [2016] NSWSC 159 Bar-Mordecai v Rotman (Estate of Hillston) (unreported, NSWSC Einstein J, 4 September 1998) Bar-Mordecai v Hillston [2004] NSWCA 65 Blatch v Archer (1774) 1 Cowp 63 Chant v Curcuruto [2021] NSWSC 751 Commercial Union Assurance Company of Australia Limited v Ferrcom Pty Ltd (1991) 22 NSWLR 389 Eggins & Ors v Robinson [2000] NSWCA 61 Estate of the Late Shirley Joan Violet Gardner; Bernengo v Leaney [2019] NSWSC 1324 Estate Pamplin; Irwin v Pamplin [2017] NSWSC 1477 ET-China.com International Holdings Limited & Anor v Cheung & Ors (2021) 150 ACSR 461 Forsyth v Sinclair [2010] VSCA 147 Fremlin v Fremlin (1913) 16 CLR 212 Hayes v Marquis [2008] NSWCA 10 Howland v Ellis [2001] NSWCA 456 Jonah v White (2011) 258 FLR 236; [2011] FamCA 221 Jones v Dunkel (1959) 101 CLR 298 NSW Trustee and Guardian v McGrath [2013] NSWSC 1894 O'Donnell v O'Donnell [2022] NSWSC 1742 Petersen v Gregory [2007] NSWSC 8 Piras v Egan [2008] NSWCA 59 Pollock v NSW Trustee and Guardian [2022] NSWSC 923 Re Cartier [1952] SASR 280 Re Estate of Crane (2005) 93 SASR 198 Robson v Quijarro [2009] NSWCA 365 Sinclair v Forsyth [2008] VSC 250 Thompson v The Public Trustee of New South Wales [2010] NSWSC 1137 Vaughan v Hoskovich [2010] NSWSC 706 Ward v Anderson (Supreme Court (NSW), Waddell CJ in Eq, 6 June 1989, unrep) Warner v Hung (2011) 297 ALR 56 Weston v Public Trustee (1986) 4 NSWLR 407 Ye v Fung [2006] NSWSC 243 Texts Cited: M. Davies, A. S. Bell, P. L. G. Brereton, M. Douglas, Nygh's Conflict of Laws in Australia (10th ed 2019, LexisNexis Butterworths Australia) J. D. Heydon, Cross on Evidence (14th ed, 2024, LexisNexis) Category: Principal judgment Parties: Evgeniya Legler (Plaintiff) Nadja Legler (Defendant) Representation: Counsel: R Wilson SC (Plaintiff) J J Loofs SC with N Bilinsky (Defendant)