McCarthy v Tye [2017] NSWCA 284

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: McCarthy v Tye [2017] NSWCA 284 Hearing dates: 24 October 2017 Decision date: 06 November 2017 Before: Basten JA; Macfarlan JA; Sackville AJA Decision: 1. Extend the time for the filing of a notice of appeal until 6 December 2016.

2. Dismiss the appeal.

3. The appellant to pay the respondent's costs. Catchwords: SUCCESSION – family provision – appellant claimed to be de facto partner of the deceased – primary judge rejected claim but found appellant was an "eligible person" under s 57(1) of the Succession Act 2006 (NSW) as he had been in a "close personal relationship with the deceased" – primary Judge awarded the appellant $85,000 out of estate valued at about $900,000 – whether any error in primary Judge's findings of fact or evaluative judgments Legislation Cited: Interpretation Act 1987 (NSW), s 21C Property (Relationships) Act 1984 (NSW), ss 4, 5, 44 Succession Act 2006 (NSW), ss 57, 59, 60 Supreme Court Act 1970 (NSW), s 101 Cases Cited: Container Terminals Australia Ltd v Huseyin [2008] NSWCA 320 Durham v Durham (2011) 80 NSWLR 335; [2011] NSWCA 62 House v The King (1936) 55 CLR 499; [1936] HCA 40 McCarthy v Tye [2015] NSWSC 1947 Pawlowska v Zajglic [2011] NSWCA 118 Category: Principal judgment Parties: Peter Raymond McCarthy (Appellant) Geoffrey Norman Tye (Respondent) Representation: Counsel: In person (Appellant) Mr M K Meek SC / Mr A Djurdjevic (Respondent)