State of New South Wales v Gill [2024] NSWSC 1263

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v Gill [2024] NSWSC 1263 Hearing dates: 24 April 2024, 25 September 2024 Decision date: 11 October 2024 Jurisdiction: Equity Before: Lindsay J Decision: Subject to members of the biological family of a deceased person giving to the Court an undertaking that they will, at their expense, cause the body of the deceased to be cremated in a timely manner, order that the family be permitted to have carriage of cremation of the deceased's body and retention of her 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 biological family of the deceased and a person who claims to have been in a de facto relationship with the deceased CIVIL PROCEDURE — Jurisdiction — Inherent jurisdiction - Nature of "standing" in service of the Court's inherent jurisdiction to determine a dispute about disposal of a dead body Legislation Cited: Coroner's Act 2009 NSW Interpretation Act 1987 NSW Supreme Court Act 1970 NSW Cases Cited: Abraham v Magistrate Stone, Deputy State Coroner [2017] NSWSC 1684 Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493 Britt v Office of the State Coroner [2022] WASCA 75 and 75(s) Brown v Weidig [2023] NSWSC 281 Charafeddine v Magistrate Denes sitting in the Coronial Jurisdiction at Ballina [2015] NSWSC 269 Dayman v Dayman [2024] NSWSC 838 Doodeward v Spence (1908) 6 CLR 406 Ex Parte West (1861) 2 Legge 1475 Frigger v Frigger [2023] WASCA1 03 In the estate of Jones (Deceased); Dodd v Jones (1999) 205 LSJS 105; [1999] SASC 458 Marshall v Elson [2023] SASCA 1, 3 and 4 R v Waters [1912] VLR 372 Re An Alleged Incapable Person (1959) 77 WN (NSW) 156 Re W and L (Parameters of Protected Estate Management Orders) [2014] NSWSC 1106 RAP v AEP [1982] 2 NSWLR 508 Secretary, Department of Health and Community Services v JWB and SMB (Marion's Case) (1992) 175 CLR 218 Small v Phillips (No 3) [2020] NSWCA 24 Smith v Tamworth City Council (1997) 41 NSWLR 680 South Australia v Ken [2021] SASC 10 South Australia v Smith [2014] SASC 64; (2014) 119 SASR 249 Truth About Motorways Pty Ltd v Macquarie Infrastructure Investment Management Limited (2000) 200 CLR 591 W v H [2014] NSWSC 1696 Wellesley v Duke of Beaufort (1827) 2 Russ 1 at 20; 38 ER 236 White v Williams (2019) 99 NSWLR 539 Texts Cited: HS Theobald, The Law Relating to Lunacy (Steven & Sons, London, 1924) Category: Principal judgment Parties: Plaintiff: State of NSW First Defendant: Joanne Gill Second Defendant: Leslie ("Leroy") Speeding Third Defendant: Cathy-May Gill Fourth Defendant: Edward Gill Representation: Counsel: Plaintiff: Ms Z Heger SC Second Defendant: Mr PG Smart (as amicus curiae on 25 September 2024) First, Third and Fourth Defendants: Mr DJ Reynolds