NSW Trustee and Guardian v Payne [2024] NSWSC 1371

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v Payne [2024] NSWSC 1371 Hearing dates: 14 October 2024 Date of orders: 30 October 2024 Decision date: 30 October 2024 Jurisdiction: Equity Before: Hmelnitsky J Decision: (1) Declare that the late David Bernard Hooper, who died on 22 September 2018 (the deceased), was in a de facto relationship with the late Margaret Sylvia Payne for a continuous period of at least two years as at the date of his death. (2) Order, pursuant to rule 54.3(2)(b) of the Uniform Civil Procedure Rules 2005 (NSW) that the plaintiff, in its capacity as administrator of the estate of the deceased, distribute the intestate estate of the deceased to Bruce Payne and Christopher Payne, being the administrators of the estate of the late Margaret Sylvia Payne. (3) Order that the parties' costs of the proceedings be paid on the indemnity basis out of the deceased's estate. Catchwords: SUCCESSION — Intestacy — Whether person in de facto relationship with deceased at date of death and for two years before death Legislation Cited: Interpretation Act 1987 (NSW) s 21C Probate and Administration Act 1898 (NSW) s 32G Property (Relationships) Act 1984 (NSW) s 4 Succession Act 2006 (NSW) ss 3, 104, 105, 111 Uniform Civil Procedure Rules 2005 (NSW) r 4.3 Cases Cited: Drury v Smith [2012] NSWSC 1067 Jonah & White (2011) 258 FLR 236; [2011] FamCA 221 Lynam v Director General of Social Security (1983) 52 ALR 128; [1983] FCA 274 NSW Trustee and Guardian v McGrath [2013] NSWSC 1894 Pollock v New South Wales Trustee & Guardian [2022] NSWSC 923 Weston v Public Trustee (1986) 4 NSWLR 407 Yesilhat v Calokerinos [2021] NSWCA 110 Category: Principal judgment Parties: NSW Trustee and Guardian (Plaintiff) Bruce William Payne (First Defendant) Christopher Douglas Payne (Second Defendant) Janice Edna Williams (Third Defendant) Eric Charles Nelson (Fourth Defendant) Colin Philip Bailey (Fifth Defendant) Amanda Jane Edgar and Melissa Anne Phillips as executors of the estate of the late Ronald Arthur Bailey (Sixth Defendant) June Rosetta Boulton (Seventh Defendant) Deborah May Percival as executor of the estate of the late Doris Marie Percival (Eighth Defendant) Robert Bruce Effield (Ninth Defendant) Kenneth Vincent Hooper (Tenth Defendant) Ross William Hooper (Eleventh Defendant) Janet Anne Garrett (Twelfth Defendant) Ivy Starling (Thirteenth Defendant) Representation: Counsel: C Birtles (Plaintiff) M Pringle (First and Second Defendants)