May v Ndlovu [2008] NSWDC 49

New South Wales District Court

CITATION: May v Ndlovu [2008] NSWDC 49

HEARING DATE(S): 12/2/08 and 6/3/08 EX TEMPORE JUDGMENT DATE : 18 March 2008

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

1 The plaintiff was in a de facto relationship with Mr Teh on 22 September 2001. 2 The defendant is to pay the plaintiff's costs of the proceedings in respect of the preliminary point. DECISION: 3 The proceedings will be listed for status conference on 25 June 2008. 4 The application for review by the Medical Assessment Service is to be filed by the plaintiff by 4pm on 4 April 2008. 5 The exhibits may be returned.

CATCHWORDS: De facto relationship - Whether couple studying at different tertiary institutions maintained co-habitation

Motor Accidents Compensation Act 1999 LEGISLATION CITED: Property (Relationships) Act 1984 Compensation to Relatives Act 1897

PARTIES: Ashleigh MAY Bonnett NDLOVU

FILE NUMBER(S): Newcastle 586/06

COUNSEL: Plaintiff - S J Harben SC Defendant - J A Ringrose

SOLICITORS: Plaintiff - Thomas Mitchell Solicitors Defendant - Sparke Helmore Lawyers Newcastle

JUDGMENT

1 Ashleigh May has commenced proceedings in this court pursuant to the Compensation to Relatives Act 1987 and the Motor Accidents Compensation Act 1999. Her claim arises out of the death of Sean Leong Teh in a motor vehicle accident that occurred on 22 September 2001.

2 In order to establish her right to bring these claims the plaintiff is required to establish that she was the de facto spouse of Mr Teh at the time of his death. It was agreed between the parties that this question should be dealt with as a preliminary issue. It was governed by the definition in the Property (Relationships) Act 1984. S 4(1) of the Act provides as follows: For the purposes of this Act a de facto relationship is a relationship between two adult persons: (a) who live together as a couple; and (b) who are not married to one another or related by family.