The Estate of Mark Edward Tighe [2018] NSWSC 163

Supreme Court New South Wales

Medium Neutral Citation: The Estate of Mark Edward Tighe [2018] NSWSC 163 Hearing dates: On the papers Date of orders: 21 February 2018 Decision date: 21 February 2018 Jurisdiction: Equity - Probate List Before: Kunc J – in chambers Decision: Letters of administration granted and distribution order made Catchwords: SUCCESSION — Intestacy — Indigenous estate — Matters to be considered — Succession Act 2006 (NSW) ss 133, 134, 135 Legislation Cited: Evidence Act 1995 (NSW) Family Law Act 1975 (Cth) Succession Act 2006 (NSW) Cases Cited: Application by the Public Trustee for the Northern Territory [2000] NTSC 52 Re Estate Wilson deceased [2017] NSWSC 1; (2016) 93 NSWLR 119 Stanford v Stanford [2012] HCA 52; (2012) 247 CLR 108 Category: Principal judgment Parties: Kori Alex Campbell (Applicant) Representation: Solicitors: Duncan MacLean & Associates Pty Ltd (Applicant) File Number(s): 2016/280434 Publication restriction: No

Judgment

Summary 1. The late Mark Edward Tighe ("Mr Tighe"), a Kamilaroi man, died intestate at Quirindi on 15 February 2015. His only significant asset was his superannuation. He was not survived by any person entitled to his intestate estate under the Succession Act 2006 (NSW) ("the Act"). However, the applicant ("Mr Campbell"), also a Kamilaroi man, had been cared for by, and lived with, Mr Tighe's family, and latterly Mr Tighe, for most of his (Mr Campbell's) life. As far as Mr Tighe, Mr Campbell and their Kamilaroi community were concerned, Mr Tighe and Mr Campbell were brothers. 2. Relying on what was referred to in the evidence as that "kinship" relationship, Mr Campbell applies under the indigenous persons' estates provisions in Part 4.4 of the Act for an order to give effect to a scheme for distribution that he be paid the entirety of Mr Tighe's intestate estate (the "Estate"). Mr Campbell also seeks letters of administration of the Estate. 3. The evidence of Kamilaroi elders establishes that under Kamilaroi laws, customs, traditions and practices, it would be expected that Mr Campbell, as Mr Tighe's kinship brother, would succeed to the Estate in the absence of any other family. Reasonable notice having been given, no other person has advanced a claim to the Estate. The only evidence of Mr Tighe's testamentary intentions is that he nominated Mr Campbell as the beneficiary of his (Mr Tighe's) AMP retirement savings account. Primarily by reason of those matters, the Court is satisfied that the distribution order sought by Mr Campbell is, in all the circumstances, just and equitable and that it should be made and administration granted to Mr Campbell.