Sadiq v NSW Trustee and Guardian [2016] NSWCA 62

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sadiq v NSW Trustee and Guardian [2016] NSWCA 62 Hearing dates: 24 March 2016 Decision date: 07 April 2016 Before: McColl JA at [1]; Leeming JA at [2]; Sackville AJA at [63] Decision: Appeal dismissed with costs. Catchwords: SUCCESSION – intestacy – claim that plaintiff was de facto partner of deceased for many years – claim not accepted by primary judge – conflict between evidence of plaintiff and evidence of neighbours and social workers – paucity of documentary evidence – inconsistencies in plaintiff's case – no appellable error shown – appeal dismissed Legislation Cited: Succession Act 2006 (NSW), ch 3, s 111 Uniform Civil Procedure Rules 2005 (NSW), r 36.16 Category: Principal judgment Parties: Waleed Sadiq (Appellant) NSW Trustee and Guardian (Respondent) Representation: Counsel: Applicant in person RD Stewart (Respondent)

Solicitors: NSW Trustee and Guardian (Respondent) File Number(s): 2015/192765 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Division Citation: [2015] NSWSC 716 Date of Decision: 09 June 2015 Before: Hallen J File Number(s): 2014/174088

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]