Darcy v Duckett [2016] NSWSC 1756

Supreme Court New South Wales

Medium Neutral Citation: Darcy v Duckett [2016] NSWSC 1756 Hearing dates: 6 December 2016 Date of orders: 06 December 2016 Decision date: 09 December 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1)That the first defendant is entitled, as against the plaintiff, to have the body of Rodrick Darcy delivered to her for the purpose of making burial arrangements. (2)That the first defendant is entitled, as against the plaintiff, to bury Rodrick Darcy at Bowraville if she so wishes. (3)Order that there be no order as to costs. Catchwords: INTESTACY – burial rights – dispute between de facto spouse and sibling – significance of Aboriginal cultural, spiritual and religious beliefs – ascertaining relevant circumstances Legislation Cited: Coroners Act 2009 (NSW) ss 6, 21 Probate and Administration Act 1898 (NSW) Supreme Court Act 1970 (NSW) s 69 Cases Cited: AB v CD [2007] NSWSC 1474 Dodd v Jones [1999] SASC 458 Jones v Dodd (1999) 73 SASR 328; [1999] SASC 125 Keller v Keller [2007] VSC 118; (2007) 1 ASTLR 400. Minister for Families and Communities v Brown [2009] SASC 86 Smith v Tamworth City Council (1997) 41 NSWLR 680 South Australia v Smith 119 SASR 247; [2014] SASC 64 Category: Principal judgment Parties: Angel Lee Darcy (Plaintiff) Maxine Duckett(Defendant) Representation: Counsel: Ms C Ronald SC with Mr Beaufils (Plaintiff) Ms P Lane (Defendant)