Rogic v Samaan [2018] NSWSC 1464

Supreme Court New South Wales

Medium Neutral Citation: Rogic v Samaan [2018] NSWSC 1464 Hearing dates: 18 and 19 September 2018 Date of orders: 28 September 2018 Decision date: 28 September 2018 Jurisdiction: Equity - Family Provision List Before: Kunc J Decision: Statement of claim dismissed Catchwords: ESTOPPEL by conduct — General principles — Claim by ex-husband that he did not seek property settlement in 1992 in reliance on deceased's representation that she would leave him the matrimonial home to which he had allegedly contributed to mortgage repayments — Plaintiff's evidence including conversations with deceased not capable of corroboration and insufficient to establish claim

SUCCESSION — Family provision and maintenance — evidence — Claim by ex-husband — Application to extend time — Whether factors warranting — Succession Act 2006 (NSW), s 59(1)(b)

EVIDENCE — Affidavit evidence — Non-English speaking witness — How affidavit to be prepared — Bilingual legal representative not to perform role of interpreter — Judicial Council on Cultural Diversity, "Recommended National Standards for Working with Interpreters in Courts and Tribunals" Legislation Cited: Succession Act 2006 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Evidence Act 1995 (NSW) Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Gersbach v Blake [2011] NSWSC 368 Henderson v Miles (No 2) (2005) 12 BPR 98200; [2005] NSWSC 867 Lodin v Lodin [2017] NSWCA 327 Maria Saravinovksa v Krste (Chris) Saravinovski; Chris Saravinovski v George Saravinovski (No 6) [2016] NSWSC 964 Papas v Co [2018] NSWSC 1404 Sgro v Thompson [2017] NSWCA 326 Texts Cited: Hamilton, Lindsay, Morahan and Webster (eds), New South Wales Civil Procedure Handbook 2018 (Thompson Reuters, 8th ed, 2018) Judicial Council on Cultural Diversity, "Recommended National Standards for Working with Interpreters in Courts and Tribunals" (2017, http://jccd.org.au/wp-content/uploads/2018/02/JCCD-Interpreter-Standards.pdf) Ritchie's Uniform Civil Procedure NSW (Looseleaf, Lexis Nexis Butterworths) Category: Principal judgment Parties: Radan Rogic (Plaintiff)