Yesilhat v Calokerinos [2015] NSWSC 1028

Supreme Court New South Wales

Medium Neutral Citation: Yesilhat v Calokerinos [2015] NSWSC 1028 Hearing dates: 23 April 2015 Decision date: 29 July 2015 Jurisdiction: Equity Division Before: White J Decision: 1. Order that the defendant's notice of motion filed on 12 November 2014 be dismissed. 2. Order that the defendant pay the plaintiff's costs of the notice of motion. Catchwords: WILLS, PROBATE AND ADMINISTRATION – family provision – de facto relationships – application for summary dismissal – whether the plaintiff and the deceased had been in a relationship "as a couple living together" – where plaintiff deposes that the deceased treated his business as his home, and that the plaintiff had a relationship with the deceased and spent time with the deceased at that business over many years for limited periods – held, dismissing the application with costs, that it is arguable that persons may have a relationship "as a couple living together" even though they do not share a "common residence" PRACTICE AND PROCEDURE – security for costs – inherent jurisdiction – application for security for costs against natural person – application based on a failure to comply with the Court's directions – no evidence of impecuniosity or other relevant factors – application dismissed with costs Legislation Cited: Interpretation Act 1987 (NSW) Succession Act 2006 (NSW) Cases Cited: Agar v Hyde [2000] HCA 41 ; (2000) 201 CLR 552 Click here to enter text.Burton v Shire of Bairnsdale (1908) 7 CLR 76 Dey v Victorian Railways Commissioners (1949) 78 CLR 62 Fancourt v Mercantile Credits Limited (1983) 154 CLR 87 FO v HAF [2006] QCA 555; (2007) 2 Qd R 138 General Steel Industries Inc v Commissioner For Railways (NSW) (1964) 112 CLR 125 Hayes v Marquis [2008] NSWCA 10 Jonah v White [2011] FamCA 221; (2011) 258 FLR 236 NSW Trustee and Guardian v McGrath [2013] NSWSC 1894 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71; (2013) 16 BPR 31,705 Peterson v Gregory [2007] NSWSC 8 Rajski v Computer Manufacture & Design Pty Ltd [1982] 2 NSWLR 443 Snow v Snow [2015] NSWSC 90 Spencer v Commonwealth [2010] HCA 28 ; (2010) 241 CLR 118 Tepko Pty Limited v Water Board [2001] HCA 19; (2001) 206 CLR 1 Three Rivers District Council v Governor and Company of the Bank of England (No 3) [2001] UKHL 16; [2003] 2 AC 1 Vaughan v Hoskovich [2010] NSWSC 706 Category: Procedural and other rulings Parties: Okan Yesilhat (Plaintiff) Cleopatra Sclavos Calokerinos (Defendant) Representation: Counsel: V Culkoff (Plaintiff) M B Evans (Defendant)