ROBSON v QUIJARRO [2009] NSWCA 365

New South Wales Court of Appeal

CITATION: ROBSON v QUIJARRO [2009] NSWCA 365

HEARING DATE(S): 26 June 2009

JUDGMENT DATE: 11 November 2009

JUDGMENT OF: Ipp JA at 1; McColl JA at 2; Basten JA at 3

(1) Allow the appeal and set aside the order made in the Equity Division dismissing the appellant's cross-claim. (2) Set aside the grant of letters of administration in favour of the respondents. (3) Remit the matter to the Registrar for a grant of letters of administration in favour of the appellant. DECISION: (4) (a) Set aside the order made on 22 August 2008 that the defendant/cross-claimant pay the plaintiffs/cross-defendants' costs in the Equity Division. (b) In lieu thereof, order that the plaintiffs/cross-defendants pay the costs of the defendant/cross-claimant in the Equity Division. (5) Order that the respondents pay the appellant's costs in this Court. (6) Grant the respondents a certificate under the Suitors' Fund Act 1951 (NSW).

[ CATCHWORDS: APPEAL – civil – appeal from final orders – nature of appeal – rehearing – combination of objective and oral evidence – significance of matters of credibility – de facto relationship – whether open to Court of Appeal to reassess factual findings - FAMILY LAW – de facto relationship – intestate death – grant of letters of administration – relationship of thirteen years duration – evidence of sexual relationship – evidence of business partnership – evidence of infidelity of deceased throughout duration of relationship – evidence of preliminary steps to reduce extent of financial inter-mingling – evidence of deceased's intention to marry another woman in future – whether deceased and appellant in de facto relationship for period greater than two years at time of death - Probate and Administration Act 1898 (NSW), s 61B – Property (Relationships) Act 1984 (NSW), s 4 - WORDS AND PHRASES – "de facto spouse" – "live together as a couple" – "mutual commitment to shared life"